First Sale Scout Terms of Service
Effective date: November 6, 2026
These Terms of Service (these "Terms") form a binding agreement between you and LIKE A KING INC., a New York corporation. They govern your access to and use of the website at https://firstsale.pro and the First Sale Scout service. PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING INDIVIDUAL ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR LEGAL RIGHTS (SEE SECTIONS 10, 11, 12 AND 16).
First Sale Scout is being launched in phases. At the Effective Date, the Service consists only of a marketing website, an early-access waitlist and a contact form. These Terms are written to cover the full Service as it launches, and every provision about accounts, subscriptions, AI outputs, connected accounts and publishing applies when and to the extent available. Related policies: Privacy Notice, Cancellation and Refunds, Cookies and Local Storage, Texts and Calls, Accessibility Statement, and Licenses and Verification.
1. Acceptance
1.1 Agreement to be bound
1.1.1 By accessing the Site, joining the waitlist, submitting the contact form, creating an Account, or otherwise using the Service, you agree to be bound by these Terms and by the policies incorporated into them.
1.1.2 If you do not agree to these Terms, you shall not access or use the Service.
1.2 Definitions
In these Terms, the following capitalized terms have the meanings set out below.
- "Account" means a registered account that gives access to the Service, when available.
- "AI Output" means any text, plan, draft, suggestion, ranking, summary or other material generated in whole or in part by an artificial-intelligence model in the course of the Service.
- "Company," "we," "us" and "our" mean LIKE A KING INC., a New York corporation, and its successors and permitted assigns.
- "Connected Account" means a social-media, community or other third-party account that you authorize the Service to access through OAuth or a similar mechanism.
- "Contact Form" means the form at https://firstsale.pro/contact.
- "Customer Content" means all information, text, links, product descriptions, brand materials and other content that you submit to or through the Service, and all content that you approve for publication through the Service.
- "Effective Date" means November 6, 2026.
- "Fees" means the amounts payable for a Paid Plan.
- "Paid Plan" means a paid subscription tier of the Service, when offered.
- "Platform" means a third-party website, application or community, such as Reddit, Hacker News, Bluesky, Dev.to, Hashnode, Indie Hackers, Product Hunt, Substack or X.
- "Platform Rules" means the terms of service, developer terms, API terms, community rules and similar policies of a Platform.
- "Public Source Data" means publicly available posts, comments and related metadata that the Service reads from Platforms through their official application programming interfaces or public endpoints.
- "Service" means the First Sale Scout customer-acquisition service, including the Site, the waitlist, the research, discovery, planning, drafting, optional publishing and measurement features, and all related software and documentation, in each case as and when available.
- "Site" means the website at https://firstsale.pro and its subpages.
- "Tracked Link" means a link generated by or through the Service to measure traffic or results.
- "Third-Party Services" has the meaning given in Section 7.
- "you" and "your" mean the individual, or the entity on whose behalf an individual acts, who accesses or uses the Service.
1.3 Interpretation
1.3.1 In these Terms: (a) "including" and "includes" mean "including without limitation"; (b) headings are for convenience only and do not affect interpretation; (c) "shall" and "will" express obligations, "may" expresses permission or discretion, and "will not" and "shall not" express prohibitions; (d) references to a statute include that statute as amended or replaced; (e) the singular includes the plural and the reverse; and (f) no provision shall be construed against a party merely because that party drafted it.
1.3.2 Defined terms apply whether or not they are capitalized where the context requires.
1.4 Minors and authority to bind an entity
1.4.1 You represent that you are of legal age to form a binding contract and that you meet the eligibility requirements in Section 3.
1.4.2 If you accept these Terms on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity, and "you" includes that entity. If you lack that authority, you shall not use the Service.
1.5 Electronic acceptance
You agree that clicking a button, checking a box, submitting a form or using the Service constitutes your electronic signature and assent to these Terms, and that no handwritten signature is required.
2. License to Use the Service
2.1 Grant
Subject to your continuing compliance with these Terms and payment of applicable Fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, during the term of these Terms, to access and use the Service for your own internal business purpose of acquiring customers for your own products and services.
2.2 Restrictions
2.2.1 You will not, and will not permit anyone else to: (a) copy, modify or create derivative works of the Service or the Site; (b) sell, resell, rent, lease, sublicense or otherwise make the Service available to a third party, including as a service bureau or agency white-label, except as we authorize in writing; (c) reverse engineer, decompile or attempt to extract the source code, models or data structures of the Service, except to the extent applicable law prohibits this restriction; (d) circumvent any access, rate or usage limit; or (e) use the Service to build a competing product or dataset.
2.3 No transfer of ownership
NOTHING IN THESE TERMS TRANSFERS TO YOU ANY OWNERSHIP OF OR INTEREST IN THE SERVICE, THE SITE OR OUR INTELLECTUAL PROPERTY. All rights not expressly granted are reserved.
2.4 Waitlist
2.4.1 Joining the early-access waitlist does not create an Account, a reservation of any plan or price, or any right to access the Service at any time. We may admit, delay or decline any waitlist applicant in our discretion.
2.4.2 Information about planned features or plans is informational only and may change without notice.
3. Eligibility
3.1 Minimum age
3.1.1 You shall be at least 18 years old to create an Account, to purchase a Paid Plan, or to connect a Connected Account. You may browse the Site and read the Terms at a younger age only with the permission of a parent or guardian, and you shall not submit personal information through the waitlist or the Contact Form if you are under 13.
3.1.2 We do not knowingly collect personal information from children under 13. See the Privacy Notice.
3.2 Sanctions and restricted persons
3.2.1 You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in a country or territory that is subject to comprehensive United States sanctions, and that you are not identified on any United States government list of prohibited or restricted persons.
3.2.2 You shall not use the Service in violation of United States export control or sanctions laws.
3.3 One Account per person
3.3.1 Each individual may maintain one Account unless we agree otherwise in writing. You shall not share Account credentials, and you are responsible for all activity under your Account.
3.3.2 You shall provide accurate, current and complete registration information and keep it updated.
4. Subscriptions, Pricing and Billing
4.1 No charges at present
No Fees are charged as of the Effective Date. This Section 4 and the Cancellation and Refunds page apply when and to the extent that Paid Plans are offered.
4.2 Prices and payment
4.2.1 Prices are stated in United States dollars (USD) and, unless stated otherwise, exclude taxes.
4.2.2 Payments are processed by Stripe or another payment processor we designate. By providing a payment method you authorize us and our processor to charge it for all Fees, taxes and other amounts due under your Paid Plan, and you represent that you are authorized to use that payment method.
4.2.3 You shall keep your payment details current. If a charge fails, we may retry it, suspend the Paid Plan, or downgrade your Account.
4.3 Automatic renewal
4.3.1 EXCEPT AS STATED OTHERWISE AT CHECKOUT, A PAID PLAN IS A RECURRING SUBSCRIPTION THAT RENEWS AUTOMATICALLY FOR SUCCESSIVE PERIODS OF THE SAME LENGTH (MONTHLY OR ANNUAL, AS YOU SELECT) AT THE THEN-CURRENT PRICE UNTIL YOU CANCEL.
4.3.2 Before you subscribe, we will clearly and conspicuously disclose the price, the billing interval, the fact of automatic renewal, the cancellation method, and any trial terms, and we will obtain your affirmative consent to the renewal terms separately from the rest of these Terms.
4.3.3 We will send you a confirmation of your subscription in a form you can retain, and we will send reminder notices before annual renewals and before the end of a free trial, in each case to the extent and at the times required by applicable law.
4.4 Cancellation
4.4.1 You may cancel a Paid Plan at any time online through your Account settings, using a method at least as easy as the method you used to subscribe. If you cannot cancel online for any reason, you may use the Contact Form and we will process the cancellation promptly.
4.4.2 Cancellation takes effect at the end of the then-current paid period. You will retain access to the paid features until then, and we will not charge you again for the next period if you cancel before the renewal date.
4.5 Refunds
4.5.1 Refunds are governed by the Cancellation and Refunds page, which is incorporated into these Terms. In summary, the first purchase of a plan is eligible for a refund request within 14 days, and otherwise Fees are non-refundable and not prorated except where applicable law requires otherwise.
4.6 Free trials
4.6.1 If we offer a free trial, we will disclose its length and what happens at its end. UNLESS YOU CANCEL BEFORE THE TRIAL ENDS, YOUR PAYMENT METHOD WILL BE CHARGED THE APPLICABLE FEE AND THE SUBSCRIPTION WILL RENEW AUTOMATICALLY.
4.6.2 Trials are limited to one per person or business unless we state otherwise, and we may end a trial or restrict access if we suspect abuse.
4.7 Taxes
You are responsible for all sales, use, value-added and similar taxes arising from your purchase, other than taxes on our net income. We will collect taxes where required.
4.8 Price and plan changes
We may change prices, features or plan structure. We will give you at least 30 days' notice, through the Site, your Account or the Contact Form reply channel, before a price increase takes effect for an existing subscription. If you do not cancel before the change takes effect, the new price applies at your next renewal.
4.9 Chargebacks
You agree to contact us through the Contact Form before initiating a chargeback or payment dispute. We may suspend the Account and recover amounts owed where a chargeback is filed in bad faith or contrary to these Terms.
5. Your Content
5.1 Ownership
As between you and us, you retain all rights, title and interest in Customer Content. Nothing in these Terms transfers ownership of Customer Content to us.
5.2 License to us
5.2.1 You grant us a worldwide, non-exclusive, royalty-free, sublicensable (solely to our processors and service providers) license to host, store, reproduce, process, adapt and display Customer Content solely as necessary to operate, secure, maintain and provide the Service to you, to comply with law, and to enforce these Terms.
5.2.2 We will not use Customer Content to train or fine-tune any artificial-intelligence model, and we will not permit our AI providers to do so with Customer Content that we send them through the Service, unless you give us your separate, explicit, opt-in consent. We will use providers whose terms are consistent with this commitment.
5.3 AI Output
5.3.1 Subject to these Terms and to applicable law, we assign to you whatever rights we may have in AI Output generated for you through the Service. Because AI Output may be similar or identical across users, and because copyright law may not protect AI-generated material, we make no representation that you will own any enforceable rights in AI Output.
5.3.2 You are responsible for reviewing AI Output and for ensuring that it is accurate, lawful, non-infringing and appropriate before you use or publish it.
5.4 Responsibility for Customer Content
You represent and warrant that you have all rights needed to submit Customer Content and to grant the license in Section 5.2, and that Customer Content and its use through the Service will not violate any law, Platform Rule or third-party right.
5.5 Feedback
If you give us suggestions, ideas or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without attribution or compensation.
5.6 Storage and retention
5.6.1 We retain Customer Content for as long as your Account is active and for a limited period afterward as described in the Privacy Notice and Section 13.5. We do not promise to store Customer Content indefinitely, and you are responsible for keeping your own copies.
6. Content About Other People
6.1 No recording or biometrics
6.1.1 The Service does not record audio or video, and it does not collect or process faces, voiceprints, fingerprints or other biometric identifiers or biometric information. You shall not use the Service to do so.
6.2 Public Source Data about third parties
6.2.1 The Service reads Public Source Data, which contains information about other people, such as usernames, public statements and the content of their posts and comments. We process Public Source Data to study how founders describe first sales, to identify public discussions where likely buyers are active, and to prepare plans and drafts for you.
6.2.2 Public Source Data is accessed through official application programming interfaces or public endpoints and is subject to Platform Rules. Public availability of a post does not mean that the author has consented to being contacted, profiled or marketed to.
6.2.3 Reported revenue figures, customer counts and similar claims in Public Source Data are statements made by third parties. We do not verify them, and you shall not rely on them as accurate.
6.2.4 A person who wishes to have information about themselves removed from our datasets may submit a request through the Contact Form, and we will process it as described in the Privacy Notice.
6.3 Your duties regarding other people
6.3.1 You shall comply with all laws and Platform Rules when you contact, mention, reply to or otherwise engage with any person, and you shall not use Public Source Data to harass, stalk, dox, discriminate against, or unlawfully profile any person.
6.3.2 You shall not use the Service to collect or publish a person's sensitive personal information, including government identifiers, financial account numbers, health information, precise location, or information about a minor.
6.4 Recording by you outside the Service
6.4.1 If you record any call, meeting or conversation outside the Service, you alone are responsible for complying with all applicable consent and notice laws. Federal law and many states permit recording with the consent of one party, but California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington, among others, generally require the consent of all parties. Some states and countries impose additional rules.
6.4.2 WE ARE NOT RESPONSIBLE FOR ANY RECORDING THAT YOU MAKE, AND YOU AGREE TO INDEMNIFY US UNDER SECTION 12 FOR CLAIMS ARISING FROM IT.
6.5 Biometric privacy laws
6.5.1 Laws such as the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act and Washington's biometric identifiers statute regulate the collection of biometric identifiers. The Service does not collect biometric identifiers, and you shall not use the Service or any AI Output to do so or to analyze faces, voices or other biometric data of any person.
7. Third-Party Services
7.1 Third-Party Services
7.1.1 The Service depends on, links to, or interoperates with services that we do not own or control ("Third-Party Services"), including: (a) Platforms; (b) payment processing by Stripe; (c) artificial-intelligence model providers such as OpenRouter and the model providers it routes to; (d) hosting and infrastructure providers, including Hetzner Online GmbH running our self-managed Coolify platform; (e) domain and DNS services, including Hostinger; (f) our self-hosted email service; and (g) self-hosted analytics, if enabled.
7.1.2 Your use of a Third-Party Service is governed by that provider's terms and privacy policy, and you are responsible for complying with them. We make no representation about any Third-Party Service.
7.2 No liability for Third-Party Services
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY, ACCURACY, CONDUCT, SECURITY OR POLICIES OF ANY THIRD-PARTY SERVICE, OR FOR ANY LOSS ARISING FROM YOUR USE OF IT, INCLUDING SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR CONTENT ON A PLATFORM.
7.3 Changes in availability
Third-Party Services may change, restrict or discontinue access, change their pricing, or revoke our credentials at any time. We may modify or discontinue features that depend on them without liability.
8. Acceptable Use
8.1 General prohibitions
8.1.1 You will not use the Service to: (a) violate any law, regulation or third-party right; (b) upload, generate or publish content that is illegal, defamatory, fraudulent, deceptive, hateful, or that incites violence; (c) harass, threaten, intimidate, stalk or dox any person; (d) generate or publish sexual content involving a minor, which we prohibit with zero tolerance and will report to the National Center for Missing and Exploited Children and to law enforcement; (e) create or distribute sexual or intimate images of a real person without that person's consent, including synthetic or "deepfake" material, in violation of the TAKE IT DOWN Act or similar laws; or (f) impersonate any person or misrepresent your affiliation.
8.2 Spam, outreach and anti-spam laws
8.2.1 You shall not use the Service to send or post unsolicited bulk or unwanted commercial messages, to create or operate fake, automated or coordinated inauthentic accounts, to manipulate votes, rankings or engagement, or to evade a Platform's anti-spam or anti-abuse measures.
8.2.2 If you send commercial email, you shall comply with the CAN-SPAM Act, including accurate header information, a working opt-out mechanism, honoring opt-outs, and including the required sender identification. If you send text messages or place calls, you shall comply with the Telephone Consumer Protection Act, the Telemarketing Sales Rule and state telemarketing laws, as described in Texts and Calls.
8.2.3 You shall follow the rules of each Platform and community in which you participate, including self-promotion limits, disclosure requirements and moderator instructions. You shall clearly disclose your affiliation with your product where a Platform or law requires it, including in any endorsement or testimonial context subject to the FTC Endorsement Guides.
8.3 Technical restrictions
8.3.1 You will not: (a) scrape, crawl or harvest the Service or its outputs by automated means except through interfaces we provide; (b) reverse engineer, probe or test the vulnerability of the Service; (c) introduce malware; (d) overload or disrupt the Service; (e) use the Service or AI Output to train a competing model; (f) abuse AI Output by presenting it as human-verified fact, or by using it to produce false claims about your product, fake reviews, or fabricated endorsements; or (g) access the Service by any means other than those we provide.
8.4 Enforcement
We may investigate suspected violations, remove content, suspend or terminate access, refuse to publish any item, and cooperate with law enforcement and Platforms. We have no obligation to monitor, but we may do so.
9. Our Intellectual Property
9.1 Ownership
9.1.1 As between you and us, we own all rights, title and interest in the Service and the Site, including the First Sale Scout name and logo, software, models, prompts, designs, methodologies, aggregated and de-identified insights, documentation and templates, and all improvements to them. These are protected by intellectual property laws.
9.1.2 Certain components of the Site are licensed to us by third parties, as described on the Licenses and Verification page.
9.2 Trademarks
You shall not use our names, logos or trademarks without our prior written consent, except for accurate, nominative references to the Service.
9.3 Feedback
Feedback is governed by Section 5.5.
9.4 Copyright complaints (DMCA)
9.4.1 We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. section 512. To submit a notice, use the Contact Form and select a topic indicating a copyright or takedown notice. The notice shall include: (a) a physical or electronic signature of the rights holder or authorized agent; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and information sufficient to locate it; (d) your contact information as needed for a reply; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.
9.4.2 We may remove or disable access to material in response to a compliant notice, notify the affected user, and accept a compliant counter-notice. We may terminate repeat infringers in appropriate circumstances.
10. Disclaimers
10.1 As is and as available
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE SITE ARE 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, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Service will be uninterrupted, secure, timely or error-free, that defects will be corrected, or that the Service will meet your requirements.
10.2 No guarantee of results
10.2.1 WE DO NOT GUARANTEE, PROMISE OR REPRESENT ANY SALES, CUSTOMERS, USERS, SIGN-UPS, REVENUE, TRAFFIC, RANKINGS, ENGAGEMENT, VIRALITY OR OTHER BUSINESS RESULT. Customer acquisition depends on many factors outside our control, including your product, pricing, timing, market, competition and the conduct of Platforms and communities.
10.2.2 Examples, benchmarks and case descriptions on the Site or in the Service are illustrative, may involve unverified third-party statements, and are not predictions of your results.
10.3 AI Output may be wrong
10.3.1 AI OUTPUT MAY BE INACCURATE, INCOMPLETE, OUTDATED, BIASED, OFFENSIVE OR SIMILAR TO OTHER OUTPUT, AND MAY CONTAIN FABRICATED INFORMATION. The Service may misidentify discussions, misread context, or draft posts that violate a community's rules.
10.3.2 YOU SHALL REVIEW ALL AI OUTPUT BEFORE USING OR PUBLISHING IT, AND YOU ARE SOLELY RESPONSIBLE FOR ANYTHING YOU PUBLISH OR SEND, WHETHER OR NOT IT WAS DRAFTED BY THE SERVICE.
10.4 No professional advice
10.4.1 The Service is not legal, tax, accounting, financial, investment, medical or other professional advice, and AI Output is not a substitute for a licensed professional. Nothing in the Service creates an attorney-client or advisory relationship.
10.4.2 The Service is not designed for emergencies or life safety. If you or anyone is in crisis or danger, call 911, or call or text 988 for the Suicide and Crisis Lifeline in the United States.
10.5 Third-party data
We do not warrant the accuracy, legality or availability of Public Source Data or of any Third-Party Service.
10.6 Jurisdictional limits
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions in this Section apply to the fullest extent permitted by law.
11. Limitation of Liability
11.1 Exclusion of certain damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, CUSTOMERS, GOODWILL, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Cap on liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS (US $100).
11.3 Specific exclusions
WE ARE NOT LIABLE FOR: (A) CONTENT PUBLISHED BY YOU, INCLUDING ANY CONTENT YOU APPROVED; (B) ACTIONS TAKEN BY A PLATFORM, INCLUDING ACCOUNT RESTRICTIONS, BANS, SHADOW-BANS OR CONTENT REMOVAL; (C) RELIANCE ON AI OUTPUT OR PUBLIC SOURCE DATA; OR (D) EVENTS BEYOND OUR REASONABLE CONTROL.
11.4 Basis of the bargain
You acknowledge that the Fees reflect this allocation of risk, that it is an essential basis of the bargain, and that the limitations apply even if a remedy fails of its essential purpose.
11.5 Exceptions
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct or gross negligence where the law so provides. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
12.1 Your indemnity
12.1.1 YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIM, DEMAND, ACTION, LOSS, LIABILITY, DAMAGE, PENALTY, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO: (A) CUSTOMER CONTENT; (B) ANY CONTENT, POST, MESSAGE OR OUTREACH THAT YOU PUBLISH, SEND OR APPROVE THROUGH OR OUTSIDE THE SERVICE; (C) YOUR USE OR MISUSE OF THE SERVICE; (D) YOUR BREACH OF THESE TERMS, ANY LAW OR ANY PLATFORM RULE; (E) YOUR INFRINGEMENT OR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING PRIVACY AND PUBLICITY RIGHTS; OR (F) ANY RECORDING, CALL, TEXT OR EMAIL THAT YOU MAKE OR SEND.
12.2 Procedure
12.2.1 We will give you prompt notice of a claim, provided that a delay will relieve you only to the extent that it prejudices your defense. You shall control the defense with counsel reasonably acceptable to us, but you shall not settle a claim that imposes any obligation or admission on us without our prior written consent.
12.2.2 We may participate in the defense with our own counsel at our own expense, and we may assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you shall cooperate and pay the reasonable costs.
12.3 Limits
This Section does not apply to the extent prohibited by applicable law. Consumers in jurisdictions that restrict such clauses are bound only to the extent permitted.
13. Termination
13.1 Termination by you
You may stop using the Service and close your Account at any time through your Account settings or the Contact Form. Cancelling a Paid Plan is governed by Section 4.4.
13.2 Suspension and termination by us
13.2.1 We may suspend or terminate your access, remove content, disable Connected Account features, or close your Account, with or without notice, if: (a) you breach these Terms or a Platform Rule; (b) we reasonably believe your use creates legal, security or reputational risk, or harms a person or a Platform relationship; (c) you fail to pay Fees when due; (d) we are required to do so by law; or (e) we discontinue the Service or a feature.
13.2.2 Where practicable and lawful, we will give notice and an opportunity to cure a curable breach, but we have no obligation to do so for serious or repeated violations.
13.3 Effect of termination
On termination: (a) your license under Section 2 ends; (b) we will stop all pending or scheduled publication through Connected Accounts; (c) unpaid Fees remain due; and (d) except as the Cancellation and Refunds page or applicable law provides, we are not obliged to refund prepaid Fees.
13.4 Connected Accounts on termination
When your Account ends, we will delete or deactivate stored Connected Account tokens, and you may separately revoke our access in the settings of each Platform at any time.
13.5 Data export and deletion window
13.5.1 For 30 days after termination (the "Export Window"), you may request through the Contact Form an export of your Customer Content in a commonly used format, to the extent we still hold it and it is reasonably available.
13.5.2 After the Export Window, we may delete Customer Content, subject to retention that the law requires or permits, as described in the Privacy Notice. Backups may persist for a limited period before being overwritten.
13.6 Survival
Sections 1.2, 1.3, 4 (as to amounts accrued), 5.1, 5.4, 5.5, 6.4, 8, 9, 10, 11, 12, 13.3, 13.6, 15, 16, 17 and 18, and any other provision that by its nature should survive, survive termination or expiration.
14. Third-Party Platform Rules and Connected Accounts
14.1 Platform Rules control
14.1.1 YOUR USE OF EACH PLATFORM AND CONNECTED ACCOUNT IS SUBJECT TO THAT PLATFORM'S RULES, WHICH CONTROL OVER THESE TERMS AS BETWEEN YOU AND THE PLATFORM. You are solely responsible for knowing and following them, including rules on automation, self-promotion, disclosure, disclosure of AI-generated content and rate limits.
14.1.2 We are not affiliated with, endorsed by or sponsored by any Platform. Platform names are the property of their owners and are used only to identify those Platforms.
14.2 We may stop supporting a Platform
We may add, limit, change or stop supporting any Platform or any integration at any time, including if a Platform changes its terms, restricts API access, or if continued support creates legal or operational risk. We have no liability for doing so.
14.3 Authorization of Connected Accounts
14.3.1 If we offer publishing, you may authorize the Service to act on a Connected Account by completing an OAuth or similar authorization flow. By doing so you represent that you are the owner of the Connected Account or are authorized to grant access, and you authorize us to perform on that account only the actions that you approve through the Service.
14.3.2 We will request only the permissions reasonably necessary for the features that you enable.
14.4 Approval before publishing
14.4.1 THE SERVICE WILL NOT PUBLISH, POST, REPLY OR SEND ANYTHING THROUGH A CONNECTED ACCOUNT UNLESS YOU HAVE APPROVED THAT SPECIFIC ITEM. Approval is required for each item, and a general authorization to connect an account is not approval to publish any particular item.
14.4.2 Once you approve an item, you adopt it as your own content, and you are responsible for it. We are not responsible for how a Platform displays, ranks, moderates or removes it.
14.5 Revocation
You may revoke our access at any time in your Account settings or in the security settings of the Platform. Revocation may stop some features from working.
14.6 Platform actions against you
A Platform may restrict, suspend or remove your account or content. WE DO NOT CONTROL PLATFORM DECISIONS AND SHALL NOT BE LIABLE FOR THEM.
15. Governing Law
15.1 Governing law
15.1.1 These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, and, to the extent applicable, the Federal Arbitration Act and other federal law.
15.1.2 The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 Venue for matters outside arbitration
15.2.1 Subject to Section 16, for any dispute that is not subject to arbitration or small-claims court, you and we submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, and waive any objection based on inconvenient forum.
15.3 Mandatory local law
Nothing in this Section deprives a consumer of mandatory protections under the law of the consumer's place of residence that cannot be waived by contract.
16. Dispute Resolution and Arbitration
16.1 Informal resolution first
16.1.1 Before filing a claim, each party shall first try to resolve the dispute informally. You shall send a written description of the dispute, your contact details and your requested resolution through the Contact Form. The parties shall negotiate in good faith for at least 30 days before starting arbitration or a court action.
16.2 Binding individual arbitration
16.2.1 EXCEPT AS PROVIDED IN SECTIONS 16.4 AND 16.8, YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (EACH, A "DISPUTE"), INCLUDING ITS FORMATION, SCOPE, ENFORCEABILITY OR VALIDITY, SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN A COURT.
16.2.2 The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration is started, which are available at adr.org, as modified by this Section 16. The arbitrator shall apply New York law and the terms of these Terms, may award the same individual relief that a court could, and shall issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.
16.2.3 The arbitration may be conducted by video conference, by telephone or on written submissions, or, at your election, in person in your county of residence.
16.3 Fees and costs
16.3.1 WE WILL PAY ALL AAA FILING, ADMINISTRATION AND ARBITRATOR FEES BEYOND THE AMOUNT YOU WOULD PAY TO FILE A COMPLAINT IN COURT. Each party bears its own attorneys' fees and costs unless the arbitrator awards them under applicable law or the AAA Rules. We will not seek attorneys' fees from you unless the arbitrator finds your claim frivolous or brought for an improper purpose.
16.4 Small-claims and public-injunctive-relief carve-outs
16.4.1 EITHER PARTY MAY BRING AN INDIVIDUAL CLAIM IN SMALL-CLAIMS COURT IF IT QUALIFIES, AS LONG AS IT REMAINS IN THAT COURT AND IS NOT REMOVED, CONSOLIDATED OR BROUGHT ON A CLASS OR REPRESENTATIVE BASIS.
16.4.2 NOTHING IN THIS SECTION REQUIRES ARBITRATION OF A CLAIM FOR PUBLIC INJUNCTIVE RELIEF TO THE EXTENT THAT APPLICABLE LAW PROHIBITS WAIVING THE RIGHT TO SEEK IT IN COURT. Any such claim shall be brought in court, and the court shall stay it until the individual claims are finally resolved in arbitration.
16.4.3 Either party may seek temporary or preliminary injunctive relief in court to protect its intellectual property or confidential information pending arbitration.
16.5 Class action and jury trial waiver
16.5.1 YOU AND THE COMPANY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION OR REPRESENTATIVE PROCEEDING. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PERSONS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
16.5.2 YOU AND THE COMPANY EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
16.6 Severability of the waiver
16.6.1 If the class or representative waiver in Section 16.5.1 is found to be unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and decided in court, and shall be stayed pending the arbitration of the remaining claims. The remainder of this Section 16 shall continue to apply. If the arbitration agreement itself is found unenforceable in its entirety, the exclusive venue in Section 15.2 applies and the jury waiver in Section 16.5.2 continues to apply to the fullest extent permitted by law.
16.7 Opt-out within 30 days
16.7.1 YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING NOTICE THROUGH THE CONTACT FORM WITHIN 30 DAYS AFTER THE FIRST DATE YOU ACCEPT THESE TERMS. The notice shall state your name, the Account or waitlist information you used, and that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Section 15.2 governs disputes.
16.8 Exceptions
Claims for which arbitration is prohibited by law, and claims within Section 16.4, are not subject to arbitration. Time limits: any claim by you must be brought within one year after it arose, to the extent the law permits a shorter period than the statute of limitations.
16.9 Changes to this Section
If we make a material change to this Section 16 other than an address update, you may reject it by notice through the Contact Form within 30 days, in which case the version in effect when you accepted continues to apply to you.
16.10 Survival
This Section 16 survives termination of these Terms and of your Account.
17. State-Specific Notices
17.1 California
17.1.1 California residents have rights under the California Consumer Privacy Act as amended (CCPA/CPRA), described in the Privacy Notice.
17.1.2 Automatic renewal: Paid Plans are subject to California's Automatic Renewal Law (Business and Professions Code section 17600 and following). See Section 4.3 and the Cancellation and Refunds page.
17.1.3 Under California Civil Code section 1789.3, California users may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
17.1.4 California Civil Code section 1542 waiver: to the extent permitted by law, you waive the benefit of California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This waiver applies only to the releases you give in these Terms.
17.2 New York
17.2.1 New York residents may have rights under New York General Business Law section 527-a (automatic renewal) and other consumer protections. Nothing in these Terms limits those rights where they cannot be waived.
17.2.2 We comply with the New York SHIELD Act's data security and breach notification requirements. See the Privacy Notice.
17.3 Illinois, Texas and Washington
The Service does not collect biometric identifiers (see Section 6.5), and the Illinois Biometric Information Privacy Act, Texas biometric law and Washington biometric law therefore do not require a biometric consent or retention schedule for the Service as it currently operates.
17.4 Other state privacy laws
Residents of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Tennessee, Minnesota, Maryland and other states with comprehensive privacy laws have the rights described in the Privacy Notice, to the extent those laws apply.
17.5 Other jurisdictions
If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law. See the Privacy Notice for rights that may apply.
18. Changes, General Provisions and Contact
18.1 Changes to these Terms
18.1.1 We may update these Terms from time to time. We will post the updated Terms on the Site with a revised effective date and, for material changes, give notice through the Site or to the contact information in your Account or waitlist entry at least 30 days before the change takes effect, unless a shorter period is required for legal reasons.
18.1.2 YOUR CONTINUED USE OF THE SERVICE AFTER THE EFFECTIVE DATE OF A CHANGE CONSTITUTES ACCEPTANCE OF THE UPDATED TERMS. If you do not agree, you shall stop using the Service and may cancel under Section 4.4.
18.2 Entire agreement
These Terms, together with the policies they incorporate, are the entire agreement between you and us about the Service and supersede all prior or contemporaneous agreements and understandings about it.
18.3 Order of precedence
If there is a conflict: (a) a written agreement signed by both parties that expressly refers to these Terms prevails over them; (b) these Terms prevail over the incorporated policies, except that the Privacy Notice governs the handling of personal information; and (c) Section 16 prevails over any other provision about dispute resolution.
18.4 Severability
If a court or arbitrator finds a provision unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force. Section 16.6 governs the severability of the arbitration provisions.
18.5 No waiver
Our failure to enforce a provision is not a waiver of it or of our right to enforce it later. A waiver is effective only if it is in writing and signed by us.
18.6 Assignment
You shall not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization or sale of assets, without your consent.
18.7 Force majeure
We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disaster, epidemic, war, terrorism, labor dispute, governmental action, power or internet failure, failures of hosting or Third-Party Services, Platform API changes or restrictions, and cyberattack.
18.8 Notices
18.8.1 Notices to us shall be sent only through the Contact Form at https://firstsale.pro/contact. We do not accept notice by any other means, and we may reject notices sent elsewhere.
18.8.2 We may give notice to you by posting on the Site, by display within the Service, or by using the contact information that you provided. Notice is effective when posted or sent.
18.9 Relationship of the parties
You and we are independent contractors. These Terms create no partnership, agency, employment or fiduciary relationship, and there are no third-party beneficiaries except as stated.
18.10 Language
These Terms are written in English, and the English version controls.
18.11 Contact
Questions, notices, opt-outs and legal requests: use the Contact Form at https://firstsale.pro/contact. We do not publish an email address, telephone number or street address.
18.12 No guarantee against claims
These Terms are intended to allocate risk clearly. They do not guarantee that no claim will ever be made against us or that any provision will be enforced in every circumstance.