Terms of Service

KaufAI · kaufai.com Effective: June 2026 · Last updated: June 2026

1. Acceptance of Terms

By accessing or using KaufAI’s website, mobile applications (iOS and Android), or API (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service. Your continued use after we post changes constitutes acceptance of those changes.

Please also review our Privacy Policy, which explains how we collect and use your information.

2. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Service. By using KaufAI, you represent that you meet this requirement and have the legal capacity to enter a binding agreement.

3. Account Registration & Security

  • You may register using Sign in with Apple, Google, or other supported authentication methods.
  • You are responsible for all activity under your account and for maintaining the security of your devices and credentials.
  • You must provide accurate information and promptly update it if it changes.
  • You may delete your account at any time via Settings → Delete account in the mobile app.

4. Service Description

KaufAI is a software tool that helps sellers draft, organize, and publish listings to third-party marketplaces (e.g., eBay, Etsy, Shopify). KaufAI is not a marketplace, broker, payment processor, or party to any sale between you and a buyer. All transactions occur on connected marketplaces under their own terms.

FEES AND PAYMENT TERMS

Please read this section carefully. It describes when and how KaufAI charges fees.

Success Fee / Commission

  • KaufAI charges a success fee of 2% of the final sale price when you record a completed sale in the Service after your free trial period.
  • The success fee is calculated as a percentage of the total transaction amount you report, including shipping and taxes if you include those amounts in your recorded sale total.
  • Fees are charged only after you mark an item as sold and the associated service fee is processed (via Stripe or as otherwise disclosed in the app).
  • No fees are charged for listing items — you only pay when you record a qualifying sale in the Service.

Free Trial

New accounts receive a 30-day free trial from first login. No success fees are charged during the trial period.

Payment Processing Fees

  • Payment processing fees (typically 2.9% + $0.30 per transaction, or as charged by Stripe or your marketplace) may apply when you pay KaufAI service fees or when third-party processors handle marketplace payouts.
  • These processing fees are charged by the payment processor (e.g., Stripe, Apple, Google, or the marketplace), not by KaufAI, unless explicitly stated otherwise at checkout.

Listing Fees

  • There are no upfront listing fees for posting items through KaufAI.
  • Connected marketplaces (eBay, Etsy, Shopify, etc.) may charge their own listing, insertion, or final value fees — you are solely responsible for those third-party charges.
  • You may upgrade to premium features for additional monthly subscription fees as disclosed in the app or at purchase.

Monthly Volume Surcharge (if applicable)

In addition to the 2% success fee, a flat monthly surcharge may apply based on the number of sales you record in a calendar month, as disclosed in the app. Tiers and amounts are shown at checkout or in your account dashboard.

Currency and Taxes

  • All KaufAI fees are in USD unless otherwise specified at purchase.
  • You are responsible for any applicable taxes, duties, VAT, GST, or other charges on your sales in your jurisdiction.
  • KaufAI is not responsible for collecting or remitting sales tax on your behalf unless explicitly required by law and stated in writing.

Fee Changes

  • We reserve the right to modify fees with 30 days’ notice via email and/or by posting an updated version of these Terms.
  • Continued use of the Service after the effective date of fee changes constitutes acceptance.

Billing Cycle

  • Success fees are collected when you record a sale or through Stripe checkout as prompted in the app.
  • You receive a receipt or invoice (via email or in-app) showing fees charged.
  • If a recorded sale is refunded or canceled and you notify us within a reasonable time with supporting documentation, we will refund the associated KaufAI success fee at our discretion, consistent with applicable law.
Important legal disclosure: All KaufAI fees are based on sale amounts and counts you self-report within the Service. KaufAI is not a party to any transaction between you, any buyer, or any marketplace. KaufAI has no right, claim, lien, or interest in funds you receive from marketplace sales. These fees are service charges for use of the software, not a commission on marketplace transaction proceeds held by third parties.

5. Prohibited Items & Listings

You may not use the Service to list, sell, or facilitate the sale of:

  • Illegal, stolen, or counterfeit goods
  • Items prohibited by applicable law or by any connected marketplace
  • Items that infringe intellectual property, privacy, or other third-party rights
  • Weapons, drugs, hazardous materials, or other restricted categories as defined by marketplaces or law

You are solely responsible for ensuring your listings comply with all marketplace policies and applicable regulations.

6. User Conduct

You agree not to:

  • Harass, abuse, threaten, or defraud other users or KaufAI staff
  • Use the Service for fraud, money laundering, or deceptive practices
  • Scrape, reverse engineer, or overload the API or infrastructure
  • Misrepresent sale amounts, inventory, or transaction data to avoid fees
  • Share account access or circumvent authentication or security controls

7. Intellectual Property

KaufAI’s software, logos, trademarks, and documentation are owned by us or our licensors. You retain ownership of content you submit (photos, listings, descriptions). You grant KaufAI a non-exclusive, worldwide, royalty-free license to host, process, display, and transmit your content solely to operate and improve the Service (including AI identification and publishing to marketplaces you authorize).

8. AI-Generated Content

AI-generated titles, descriptions, and price suggestions are provided as suggestions only. You must review and approve all content before publishing. KaufAI does not guarantee accuracy, legality, or marketplace acceptance of AI output.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KAUFAI DOES NOT WARRANT UNINTERRUPTED ACCESS, ERROR-FREE OPERATION, MARKETPLACE API AVAILABILITY, OR ANY PARTICULAR SALES RESULTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAUFAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

KAUFAI’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO KAUFAI IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) USD $100.

KaufAI is not liable for acts or omissions of marketplaces, buyers, payment processors, or other third parties.

11. Indemnification

You agree to indemnify, defend, and hold harmless KaufAI and its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your listings, products, or sales; (c) your violation of these Terms; or (d) your violation of any law or third-party rights.

12. Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your country of residence apply.

13. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive relief in court for intellectual property or unauthorized access.

  • Class action waiver: You and KaufAI agree to resolve disputes only on an individual basis, not as a plaintiff or class member in any class or representative proceeding.
  • Opt-out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@kaufai.com with your name and a clear opt-out request.
  • Venue: If arbitration does not apply, exclusive jurisdiction shall be in the state or federal courts located in San Francisco County, California.

14. Termination

We may suspend or terminate your access immediately if you violate these Terms, pose a security risk, or as required by law. You may stop using the Service at any time and delete your account. Sections that by nature should survive (fees owed, disclaimers, limitation of liability, indemnification, dispute resolution) survive termination.

15. Privacy Policy

Our collection and use of personal information is described in our Privacy Policy at https://kaufai.com/privacy.

16. Changes to Terms

We may update these Terms from time to time. Material changes will be posted on this page with an updated effective date and, where appropriate, notified by email. Your continued use after changes take effect constitutes acceptance.

17. Contact

Questions about these Terms or billing: support@kaufai.com · kaufai.com/support

These Terms are provided for transparency and do not constitute legal advice. Consult a qualified attorney for advice specific to your business.

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