Last Modified: August 11, 2026
THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. THE SECTION OF THIS AGREEMENT LABELED “ARBITRATION” CONTAINS A BINDING ARBITRATION PROVISION THAT MANDATES HOW WE WILL RESOLVE CLAIMS AND LIABILITY IF THINGS DON’T WORK AS PLANNED, AND THAT DISPUTES BETWEEN US MUST BE RESOLVED ONLY IN INDIVIDUAL ARBITRATION OR IN LIMITED CASES SMALL CLAIMS COURT, AND FURTHER LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US
This CommentSold Merchant Terms of Service Agreement is entered into by and between you (the “Merchant,” “you” or “your”) and CommentSold, LLC (“Company”, “we” or “us”). The following provisions, together with any documents expressly incorporated by reference herein (collectively, the “Agreement,” govern the terms of our relationship and your use of the Company’s software services, applications, website and e-commerce platform services (the “Service” or “Services”).
Please read this Agreement carefully before you start to use the Services. By clicking “I Agree,” “I Accept” or otherwise using the Services, you accept and agree to be bound and abide by this Agreement.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and “you” and “Merchant” refer to that entity. You are responsible for each employee, contractor, agent, affiliate and other person you permit to access the Services on your behalf (each, an “Authorized User”) and for their compliance with this Agreement, as if their acts and omissions were your own.
We may revise and update this Agreement from time to time in our discretion. All changes are effective immediately when we post them, and we will use reasonable efforts to provide notice of material changes to the email address associated with your account, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check our Agreement and email frequently so you are aware of any changes, as they are binding on you. We may require you to accept a revised Agreement before continuing to use the Services, and we may retain a record of your acceptance, including the date, time, account and internet protocol address from which it was given, as evidence of your agreement.
We reserve the right to withdraw or amend the Services, and any service, feature or material we provide on the Services, in our sole discretion without notice, but we will nevertheless endeavor to provide advance notice of a discontinuation of the Service. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services.
You are responsible for:
To access the Services, you will be asked to provide certain registration details and billing information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by applicable law, and you consent to all actions we take with respect to your information consistent with applicable law. Our Privacy Notice may be found at https://commentsold.com/privacy_policy. You represent and warrant that you have provided your own privacy policy to your customers.
You must treat your user name, password or any other piece of information material to your use of our Services as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is exclusive to you and you agree not to provide any other person or entity with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The security and safety of your password is imperative and you agree to take adequate measures to protect your account. We are not responsible for breaches of your password or account by unauthorized users, hackers or other illicit actors that access your credentials based on your actions or inaction.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement or any third party using your account has violated this Agreement.
You agree that you will not use, share, disseminate, copy, license, sell, or otherwise make available any information we provide to you through or in connection with the Services (the “Confidential Data”), including any third-party platform data, e.g., Facebook platform data, Stripe data, etc. (“Third Party Data”). Confidential Data also includes any AI Output and any prompt, system instruction, template, model, model output format, scoring logic or other component underlying the AI Features.
As a condition to receiving such information, you agree (i) that your use of any Confidential Data and Third Party Data shall be solely as directed by us; (ii) to comply at all times with the terms set forth by any third-party platform from which Third Party Data is being obtained and/or shared with you; (iii) to promptly delete any Confidential Data or Third Party Data as instructed by us, or when it is no longer applicable to your use of the Services; and (iv) that you shall not use the Confidential Data or Third Party Data for any reason other than in connection with your use of the Services as set forth in these Terms. You further agree that you will not transmit, disclose or otherwise make available any Third Party Data to any AI Provider or to any other third-party product, model, agent or service, whether through the AI Features or otherwise.
1. Annual and monthly subscriptions; Percentage fee on gross payment receipts. Our Services are offered either on a monthly subscription basis or an annual subscription basis. In addition to your monthly or annual subscription fee, the principal fee we charge for using our Services is a percentage fee of gross payment transactions completed through the Service (the “Gross Payment Service Fee”). The Gross Payment Service Fee is applicable to all sales transacted through the Service, calculated on the basis of your total gross payment receipts (total checkout amount including taxes and shipping). All subscription fees and gross payment fee percentages will be posted at the time you register your account, and by using the Service you are agreeing to pay these amounts.
2. Subscription Tiers; Pricing. We offer multiple subscription levels (“tiers”) with increased features and benefits based on pricing. Not all of our Services are available to merchants on our lower subscription tiers. When you sign up for an account, we will disclose the pricing and features available at the time, but we reserve the right at all times in our sole discretion to make available only the features we determine for each of our pricing tiers. We reserve the right to change our pricing and feature set at any time with notice to you. Your continued use of the Service after such notice is given shall be an acceptance of the new pricing and/or available features. If we withdraw a feature that was included in your subscription tier during a term for which you have prepaid, and the withdrawal materially reduces the value of your subscription, your sole and exclusive remedy is, at our election, either a pro-rata credit or a pro-rata refund of prepaid fees for the remainder of the applicable subscription term. We may also meter usage of any feature, impose reasonable usage limits, including limits on the number of credits, queries, tokens, connections or reports generated through the AI Features, and introduce usage-based pricing for any feature upon notice to you.
3. Shipping. Our Service allows you to prepay shipping fees and automatically re-up your shipping balance when your balance runs low. You have the option of selecting what prepaid balance you would like to maintain and re-up. When you cancel your account, we give you the option of refunding any unused shipping balance. If you do not claim your unused shipping balance within 12 months of terminating your account, we will cancel the balance, and you will forfeit any rights in such unused balances.
4. Renewal. Unless we or you cancel the subscription prior to expiration of your current subscription term, your subscription will automatically renew for another subscription term for a period equal to your initial subscription term (e.g., monthly, annually). You must provide any notice of non-renewal through the means we designate, which may include account settings in the Service or contacting our support team. Canceling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged, or partial month or year refunds or credits. All renewals are subject to the applicable Service continuing to be offered and will be charged at the then-current rates.
5. Payment for the Services. By using the Service, you agree to pay the Gross Payment Service Fee for each transaction you consummate in connection with the Service. Accordingly, (i) you authorize us to bill or deduct such amounts directly through your payment processor or credit card provider (e.g., Stripe); (ii) you unconditionally and irrevocably appoint us as your agent for purposes thereof; (iii) you irrevocably assign to us all rights and ownership in and to such payments; and (iv) you authorize us to deduct your payment account (including through Stripe) either on a per transaction basis, daily, or at whatever frequency we may elect. We reserve the right to suspend or terminate your access to the Services immediately and without notice upon non-payment of any amounts due. With respect to your monthly or annual subscription fee, you agree to pay such amounts on a timely basis, either by (i) credit card, provided we have agreed to accept this payment method from you, in our sole discretion; or (ii) automatic transfer via your payment processor.
6. Payment Processors. We use certain third-party payment processors (e.g., Stripe, PayPal, Sezzle) to allow you to process payments from your customers through our Service. Your use of these payment processors is subject to separate agreements between you and the processor that you must agree to when you set up an account with the processor. We also offer the CS Payments Service. Your use of the CS Payments Service is subject to your acceptance of the CS Payments Services Addendum Agreement, found at: https://commentsold.com/terms-payments.
7. Payment Processor Data. In certain instances, we may use and may share with our third-party payment processors (e.g., Stripe), and our third-party payment processors may use and share with us, transaction data, payment data and data about your account. Accordingly, you grant us permission to work with and interact with these payment processors and to share, transfer and copy transaction data, payment data and user data for the benefit of facilitating or improving use or interoperability of the payment processing services and our services, or in connection with formal or informal investigations of fraud, misuse or suspicious activity.
8. Taxes not included. Your fees for using our Services exclude any taxes or duties payable in respect of the Services in the jurisdiction where the payment is either made or received, including but not limited to sales, income, withholding or other taxes. All fees related to the Service are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country/region, is your sole responsibility.
9. Sales and Other Taxes. It is your sole responsibility to determine what, if any, taxes apply to your sales, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible in any way whatsoever for determining whether taxes apply to your transactions, or for collecting, reporting, paying or remitting any taxes arising from any transaction. While we may offer third party tools from time to time that will assist you in calculating your tax obligations, we are not responsible for these services, and you agree to use such services subject to the terms of use of the third party provider’s site or service.
10. Withholding Taxes. You will pay all fees net of any applicable withholding taxes. You and we will work together to avoid any withholding tax if exemptions are available. If we qualify for a tax exemption, or a reduced withholding rate, we will provide you with reasonable documentary proof. You will provide us reasonable evidence that you have paid the relevant authority for the sum withheld or deducted.
As part of the Service, we may allow you to ship through our platform via CommentSold accounts that we have set up with third-party providers for these purposes. When shipping through CommentSold, it is important that you understand certain terms that apply to your use of shipping on Our Service. As with all third-party carriers, including those we partner with to allow you to ship directly from the Service, shipping charges on our platform vary by weight and size. As the account owner shipping through CommentSold, it is therefore your sole responsibility to enter all shipping information (including product dimensions, class of service, weight, type of packaging, etc.) accurately so that shipping charges are calculated properly. By using the shipping we provide on the Service, you hereby agree to indemnify and hold us harmless from any and all liabilities, costs, shortages, expenses, penalties, etc. that result from inaccuracies in the data you submitted via the Service from which shipping rates were calculated. You acknowledge and agree that all shipping you conduct through the Service is your sole and absolute responsibility, and that by offering shipping we assume no liability whatsoever for the shipping of your products, including any rates or charges related to your shipping.
From time to time, we may offer special referral incentives when you refer new customers to our Service. We reserve the right in our sole discretion to offer or not offer these referral incentives (“Referral Program”), or to remove your ability to participate if we deem that you are violating our rules, the terms of this Agreement, or otherwise misusing or abusing the Referral Program. Your participation in any Referral Program shall be governed by this Agreement and any Referral Program rules we make available on our Referral Program Site.
The Services and its entire contents, features and functionality (including but not limited to all information, software, employee communications, applications, text, suggestions, displays, images, video and audio, and the design, selection and arrangement thereof), are owned solely and exclusively by the Company, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Your use of the Service in no way grants you any right, license or ownership in the Services.
Provided you have a current, valid account in good standing, we hereby grant you a limited, non-exclusive, non-assignable, revocable right to access and use the Services subject to your compliance with this Agreement at all times.
You must not (a) reproduce, modify, adapt or create derivative works of the Services or any elements within the Service; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the Service to a third party; (c) use the Service for the benefit of any third party; (d) incorporate any element of the Service into a product or service you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the Service intended to limit your use to the purposes we determine valid; (f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Service; (g) remove or obscure any proprietary or other notices contained within Service; (h) use the Service, including any AI Output, for competitive analysis, to build competitive products or insights, or to develop, train, fine-tune, evaluate or benchmark any artificial intelligence model or service; (i) publicly disseminate information regarding the performance of the Service, including the AI Features and any results of any benchmark, evaluation, comparison or red-team exercise; (j) modify or copy any materials from the Service; (k) use the Service in a manner that is disparaging or harmful to us or our customers in any way, as determined by us in our sole discretion; (l) encourage or assist any third party to do any of the foregoing; (m) attempt to discover, extract, reproduce or reverse engineer any prompt, system instruction, template, model, model weight or training data underlying the AI Features; (n) circumvent or attempt to circumvent any filter, guardrail, rate limit or usage limit we apply to the AI Features; or (o) input into any AI Feature any data that you are not permitted to disclose to us or, in the case of Merchant-Connected AI, to the applicable AI Provider.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by this Agreement and any end user license agreement for such applications.
You must not access or use for any other commercial purposes other than those intended by us any part of the Services or any other materials available through the Services. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
Under certain subscription pricing tiers, we may, in our sole discretion, provide a custom application (“App”) that we develop for your use with our Services. Any such App assets we develop shall be owned exclusively by us, and such App assets shall be used by you solely with our Services. In addition, we may open a specific developer account (e.g., an Apple Developer Account) to host the App. To the extent we incorporate any of your trademarks, service marks, or other content in the App, you grant us a limited, royalty-free, fully paid-up, non-revocable (for so long as you use the App) right and license to incorporate such marks and content into the App. The App is part of the Service when offered, and all rights and limitations in, to and in connection with the App shall be subject to this Agreement, including without limitation the limited licenses, warranty disclaimers, disclaimers of liability and indemnities set forth in this Agreement. For the avoidance of doubt, (1) your use of the App is solely in your control, and you agree to indemnify and hold us harmless for your and your customer’s use of the App; (2) we make no representations whatsoever about the App’s functionalities, fitness for a particular purpose or merchantability; (3) we do not guarantee that the App will be available without interruption; (4) we do not transfer any rights of ownership or other rights by allowing your use of the App.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans used by us on or with the Service are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company's prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
You acknowledge and agree that you will not offer products or goods through the Service that violate third-party rights, including third-party trademarks and copyrights and other intellectual property rights. By using the Service, you acknowledge that certain third party brands and companies have invested significantly in protecting their logos, trademarks, designs and intellectual property, and that you shall not and will not display or sell items through the Service that violate these third party intellectual property rights.
(a) You may use the Services only for lawful purposes and in accordance with the terms of this Agreement. Notwithstanding anything to the contrary in this Agreement, you agree not to use the Services or encourage or assist others in using the Services:
(b) Additionally, you agree not to use any technical or other means to:
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, including formal and informal written requests, inquiries, court orders, etc. requesting or directing us to disclose your account information, billing information, the identity or other information of anyone accessing your account, or the posting of any information on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding these rights, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
This Agreement begins when you first accept it or first use the Services and continues until terminated. You may terminate this Agreement by closing your account through the means we designate and in accordance with the section titled “Renewal.” We may terminate this Agreement or your access to the Services as set forth in the section titled Monitoring and Enforcement; Account Termination.
Without limiting any other rights we have under this Agreement, we may suspend or restrict your access to all or part of the Services, or to any individual feature, immediately and without notice, for any reason, as indicated in the section titled “Monitoring and Enforcement; Account Termination,” including if we reasonably believe that (i) you have breached this Agreement, (ii) your use presents a security, fraud, legal or reputational risk to us, to other merchants, to your customers or to any third-party platform, (iii) any amount you owe us is overdue, or (iv) suspension is required by law or by a third-party platform or payment network. We will lift a suspension when its cause is resolved to our reasonable satisfaction. Suspension does not relieve you of your obligations under this Agreement, including your obligation to pay fees.
On termination, all licenses granted to you under this Agreement end and you must stop using the Services. You are responsible for exporting available data related to your account before termination. We will make commercially reasonable efforts to make such data available for export for one hundred and twenty (120) days after termination, after which we may delete it, subject to any retention required by law, by our backup and disaster-recovery processes, or for the establishment or defense of legal claims. After that period, we cannot guarantee your shop data can be restored. Before this period ends, be sure to download any reporting that you may need (such as for taxes, accounting, and inventory). We are not liable to you or to any other person for Merchant or any other data deleted in accordance with this section.
We allow users to offer feedback, post, e-mail, submit, publish, display or transmit suggestions, comments, feedback and any other content to us or other users or other persons (hereinafter, “post”) on or through the Services or on our third-party social media profile pages or accounts (collectively, “Feedback”).
Anything you post to the Service, including Feedback, will be considered non-confidential and non-proprietary. By providing any Suggestions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, sublicensable right and license to use, reproduce, modify, perform, display, distribute, digitally perform, create derivative works from and otherwise use and disclose to third parties any such material for any purpose. For the avoidance of doubt, such license is irrevocable and survives termination of this Agreement.
You represent and warrant that:
You understand and acknowledge that you are responsible for any Feedback you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third-party, for the content or accuracy of any Feedback posted by you or any other user of the Services.
We do not warrant the accuracy, completeness or usefulness of the information presented through the Service. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
From time to time, we may make available a list of providers with whom our customers or we work who are “Preferred” service providers of CommentSold. Any such recommendation by us is for informational purposes to help you source service providers, and we do not make any representations or assume any liability with respect to such providers. Our list of “Preferred” providers is based solely on customer feedback. Any relationship between you and a provider, and any liability or obligations with respect thereto, shall be solely between you and such provider.
To enjoy the full features of the Service, you may choose to use other third-party products, content, or services by linking them to the Service. Your use of any third-party products, content or services within the Service is subject to the separate agreement between you and the third-party provider. WE HAVE NO RESPONSIBILITY FOR THE ACCURACY, CURRENCY, OR AVAILABILITY OF ANY THIRD-PARTY PRODUCTS, CONTENT OR SERVICES AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS, CONTENT OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS OR VENDORS.
From time to time we may make available features of the Services that use artificial intelligence, including generative AI, machine learning or similar technologies (collectively, the “AI Features”). “Merchant-Connected AI” means any AI Feature that permits you to connect an artificial intelligence product, model, agent or assistant that you license or obtain from a third party (an “AI Provider”) to your account or to data made available through the Services, including through the Model Context Protocol or any similar interface. “CommentSold AI” means any AI Feature in which we use artificial intelligence tools to search, retrieve, generate or present reports, analyses, summaries, recommendations or other output for you. “AI Output” means any output generated by or through an AI Feature.
Your access to and use of the AI Features is governed by this Agreement and the CommentSold AI Features Addendum, below. By enabling or using any AI Feature, you accept the AI Features Addendum.
Unless we expressly state otherwise in a writing signed by us, each AI Feature is made available as a beta, preview or evaluation feature. We may add, modify, meter, limit, suspend, withdraw or discontinue any AI Feature, in whole or in part, with or without notice at any time and in our sole discretion, and we may change, substitute or discontinue the artificial intelligence models, model versions, AI Providers or other subprocessors underlying any AI Feature at any time. No AI Feature is subject to any service level, uptime commitment, support commitment or service credit. No statement we make about a planned or future AI Feature, whether in a roadmap, demonstration, presentation, sales communication or otherwise, is a commitment to deliver it or to continue offering it. You agree that you are not relying on any such statement or planned AI Feature in entering into this Agreement or in purchasing or renewing any subscription.
You are responsible for your use of the AI Features and for every decision you make and action you take in reliance on AI Output. You must review AI Output for accuracy and suitability before relying on it, publishing it, transmitting it to your customers, or using it to make any business, financial, tax, legal, employment or compliance decision.
We may update the content hosted on the Services from time to time, but its content may not necessarily be complete or up-to-date. Any material on the Services may be out of date at any time, and we are under no obligation to update such material.
By using the Services, you consent to all actions taken by us with respect to your information in compliance with applicable law. When you provide an e-mail at signup, you authorize us to contact you with information about the Services and your account.
All purchases through our Service, or other transactions for the sale of goods, services, or information effected through the Services by you, are your sole and exclusive responsibility. You agree that any and all liability with respect to customers of your products or services falls solely and exclusively to you. We do not assume any responsibility, liability or other obligation with respect to products, advertising, goods, taxes, implied or express warranties, or services offered by you to customers, within or outside of the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION BROUGHT BY YOUR CUSTOMERS OR A THIRD PARTY WITH RESPECT TO THE FOREGOING.
You may link to our websites only as permitted by us, and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
The Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
The owner of the Services is based in the state of Delaware in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal for certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and risk, and are responsible for compliance with local laws.
Export Control and Sanctions
You represent and warrant that you are not, are not owned or controlled by, and are not acting on behalf of, any person identified on any United States government list of restricted or prohibited parties, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the Denied Persons List or Entity List maintained by the Bureau of Industry and Security of the U.S. Department of Commerce, or any other list of prohibited or restricted parties maintained by any agency of the United States government. You further represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive United States sanctions. You will not, directly or indirectly, export, re-export, transfer, or make available the Services, any technical data received from us, or any products utilizing such data, to any destination, entity, or person prohibited by United States export control or economic sanctions laws without first obtaining the required governmental authorizations. You will not use or make the Services available in any manner that would cause us to violate any United States export control or economic sanctions laws. We may suspend or terminate your access immediately and without notice if we reasonably believe this section has been or may be breached, and you agree to indemnify us against any claim, liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to your breach of this section .
You understand that we cannot and do not guarantee or warrant that the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, THE AI FEATURES AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, AVAILABILITY, OR UNINTERRUPTED ACCESS, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. AI OUTPUT IS GENERATED BY PROBABILISTIC AND SIMILAR SYSTEMS AND MAY BE INCORRECT, INCOMPLETE, OUTDATED OR MISLEADING EVEN WHERE IT APPEARS AUTHORITATIVE. WE DO NOT WARRANT THAT AI OUTPUT WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AI OUTPUT WILL MEET YOUR NEEDS OR EXPECTATIONS. AI OUTPUT IS NOT LEGAL, TAX, ACCOUNTING, FINANCIAL, EMPLOYMENT OR OTHER PROFESSIONAL ADVICE, MUST NOT BE RELIED ON AS SUCH AND IS NOT MEANT TO BE USED IN ‘HIGH RISK’ ENVIRONMENTS. AI OUTPUT IS NOT NECESSARILY UNIQUE TO YOU, AND SIMILAR OR IDENTICAL OUTPUT MAY BE GENERATED FOR OTHER MERCHANTS OR OTHER USERS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE AI FEATURES AND AI OUTPUT, AND YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING AI OUTPUT BEFORE RELYING ON IT, PUBLISHING IT, TRANSMITTING IT TO YOUR CUSTOMERS, OR USING IT AS THE BASIS FOR ANY DECISION.
The Company shall not be liable or responsible for any failure or delay in the performance of its obligations under this Agreement where such failure or delay results from any cause beyond the Company’s reasonable control, including but not limited to acts of God, fire, flood, earthquake, or other natural disasters; epidemic, pandemic, or public health emergency; war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; government order, law, or actions; embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; power outages or failures; internet or telecommunications failures; failures of third-party platforms, hosting providers, payment processors, or other third-party service providers on which the Services depend; cyberattacks, denial-of-service attacks, or other malicious acts; or any other event outside the Company’s reasonable control (each, a “Force Majeure Event”). In the event of a Force Majeure Event, the Company’s obligations shall be suspended for the duration of such event, and the Company shall use commercially reasonable efforts to resume performance as soon as reasonably practicable.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, OWNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR THE FOLLOWING TYPES OF DAMAGES UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICES: INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, IN EACH CASE WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO MERCHANT UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE LESSER OF: (A) THE TOTAL FEES ACTUALLY PAID BY MERCHANT TO COMPANY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500.00). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. MERCHANT ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS A REASONABLE ALLOCATION OF RISK AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective owners, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all alleged or actual claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of any representation or warranty in this Agreement, or other violation of this Agreement, (ii) your use of the Services; (iii) your products, services or Feedback; (iv) your business or customers, including your handling of any of your customers’ data; (v) your tax obligations; (vi) your violation of any third party rights, including intellectual property rights; (vii) your connection of any AI Provider to the Services and any transmission or disclosure of data to any AI Provider, including any loss of confidentiality and any access to, retention of, or use of that data by the AI Provider or by any other person; (viii) any decision, action or omission by you or your Authorized Users in reliance on AI Output; and (ix) any claim brought by your customers, by any AI Provider or by any third-party platform arising out of any of the foregoing. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with the Company’s defense of such claim. You may not settle any claim without the Company’s prior written consent.
Any legal suit, action, claim or proceeding arising out of, or related to, this Agreement or the Services shall be resolved exclusively by arbitration or, in limited circumstances as set forth herein, in small claims court. By accepting this Agreement and/or using the Services, You agree to binding arbitration and waive any right to bring: i) a court or jury proceeding; ii) a consolidated, group, collective or class arbitration. Notwithstanding the foregoing, the Company reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent other irreparable harm, without waiving its right to arbitration for all other claims.
Arbitration means an impartial third party will hear the dispute between us, and binding arbitration means the arbitrator's decision is final and enforceable.
By accepting this Agreement, and/or using the Services, you agree that:
(1) The Federal Arbitration Act applies to this Agreement, and all matters between us shall be resolved by one or more neutral arbitrators before the American Arbitration Association (“AAA”), applying the AAA Commercial Arbitration Rules and Mediation Procedures then in effect, in a binding proceeding. The only exception to this mandatory arbitration clause is a limited small claims action (as described below).
(2) This Agreement to arbitrate continues to apply even after you have stopped receiving services from us.
(3) Any arbitration proceedings hereunder shall take place in Wilmington, Delaware, provided that for any claims under $5,000, You shall be entitled to bring a small claims court action in a location that is mutually convenient to You and Us.
(4) If the Company prevails in any arbitration or other proceeding arising under this Agreement, it shall be entitled to recover its reasonable costs and attorneys’ fees from Merchant. If Merchant prevails, Merchant shall be entitled to recover its reasonable costs and attorneys’ fees only if the claim was brought in good faith and the Company’s position was not substantially justified.
(5) If this Arbitration Agreement is in dispute, You and We agree that the arbitrator will decide whether it is enforceable. However, if for any reason a claim proceeds in court rather than through arbitration, You and We agree that there will not be a jury trial and You and We unconditionally waive that right. The arbitrator shall have no authority to award punitive, exemplary, or statutory multiple damages, or any damages in excess of the liability cap set forth in the Limitation on Liability section above.
(6) All arbitration fees and costs shall be borne by the party initiating the arbitration, unless prohibited by applicable law or the applicable AAA rules require otherwise.
You hereby agree that any claim brought by you against the Company shall be brought solely as an individual claim or action, and not as a class action or proceeding. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICE YOU ARE WAIVING ALL RIGHTS TO A CLASS ACTION OR PROCEEDING. THIS WAIVER ALSO APPLIES TO ANY REPRESENTATIVE ACTION, INCLUDING BUT NOT LIMITED TO CLAIMS BROUGHT UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (“PAGA”) OR SIMILAR STATUTES, AND ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly stated in this Agreement, any action that is permitted to be brought in court pursuant to this Agreement shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, and each party hereby irrevocably consents to the personal jurisdiction of such courts and waives any objection to venue therein.
No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
We will promptly remove materials from the Services in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, we may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
1. Your name, address, telephone number, and email address (if any).
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where on the Services the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL).
4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
5. A statement by you 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.
6. Your electronic or physical signature.
You may submit this information via:
1. Email: copyright@commentsold.com.
If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing the following information:
1. Your name, address, and telephone number.
2. A description of the material that was removed and the location on the Service (e.g., the URL) where it previously appeared.
3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which our Company may be located, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
5. Your electronic or physical signature.
You may submit this information via:
1. Email: copyright@commentsold.com.
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials.
UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Our Copyright Agent:
CommentSold, LLC, 2810 N Church St, PMB 95069, Wilmington, DE 19802-4447, Attn: Legal Dept.
Copyright Agent: copyright@commentsold.com.
The terms of this Agreement constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
The following provisions shall survive termination or expiration of this Agreement: Confidentiality and Data Use; Billing, Payment and Taxes (with respect to amounts accrued prior to termination); Intellectual Property Rights; Ownership of Custom Applications; Feedback and Suggestions; Artificial Intelligence Features and the Artificial Intelligence Addendum, Term, Suspension and Effect of Termination, Disclaimer of Warranties; Limitation on Liability; Indemnification; Arbitration; Class Action Waiver; Limitation on Time to File Claims; Governing Law; Waiver and Severability; this Survival section; and any other provisions that by their nature should survive.
CommentSold may assign or transfer this Agreement, in whole or in part, without notice to or consent from Merchant, to any affiliate, successor, assign, or purchaser or acquirer of all or substantially all of CommentSold’s assets, securities, equity interests, business, or the business to which this Agreement relates, whether by merger, consolidation, reorganization, change of control, asset sale, equity sale, operation of law, or otherwise. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign, transfer, delegate, or otherwise dispose of this Agreement or any rights or obligations hereunder, whether voluntarily, involuntarily, by merger, change of control, operation of law, or otherwise, without CommentSold’s prior written consent, and any purported assignment in violation of this Section shall be null and void.
The Services are operated by CommentSold, LLC, 2810 N Church St, PMB 95069, Wilmington, DE 19802-4447.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@commentsold.com.
CommentSold AI Features Addendum
This AI Features Addendum (this “Addendum”) governs your access to and use of the AI Features and is incorporated into, and forms part of, the Agreement between you and CommentSold, LLC. Capitalized terms used but not defined in this Addendum have the meanings given to them in the Agreement. If this Addendum conflicts with the Agreement, this Addendum controls with respect to the AI Features; in all other respects the Agreement controls. By enabling or using any AI Feature, you accept this Addendum.
A.1 What this Part covers. This Part A applies when you connect an artificial intelligence product, model, agent or assistant that you license or obtain from an AI Provider to your account or to any data made available through the Services, including through the Model Context Protocol or any similar interface (collectively, a “Connection” or “Merchant Connection”). Enabling a Connection is optional. You are not required to use Merchant-Connected AI in order to use the Services.
A.2 Your relationship with the AI Provider. The AI Provider is your vendor, not ours. Your use of the AI Provider’s product is governed solely by the agreement between you and the AI Provider. We are not a party to that agreement, we have no contractual relationship with the AI Provider in respect of your Connection, we do not control the AI Provider, and we make no representation or warranty of any kind about the AI Provider, its product, its terms, its security, its availability, its pricing, its continuity, its handling of your data or its interoperability with the Services. We do not endorse, certify, recommend or approve any AI Provider, and the fact that we support a Connection is not a recommendation that you use it.
A.3 Acknowledgment and assumption of risk; loss of confidentiality. Notwithstanding anything to the contrary in the Agreement, you acknowledge and agree that:
(a) a Connection causes data from your account — which may include your data (including third party data from merchants and shop users) and other personal information relating to your customers — to be transmitted to, and processed and stored by, the AI Provider and any infrastructure provider the AI Provider uses;
(b) once that data leaves the Services it is outside our custody and control, and we cannot secure it, retrieve it, correct it, restrict its use, or cause it to be deleted;
(c) the AI Provider’s terms, and not ours, determine whether data received by the AI Provider is retained, for how long, whether it is reviewed by human beings, and whether it is used to train, tune or evaluate models; those terms may differ between an AI Provider’s consumer plans and its commercial or enterprise plans, and they may change at any time;
(d) a Connection may result in the disclosure of confidential, proprietary, personal, privileged or regulated information to the AI Provider and to persons acting for it, and may cause that information to lose its confidential, privileged or trade-secret status; and
(e) you accept the risks set forth in this Section and any other risks that accompany a Connection, you further acknowledge that you enable a Connection on your own initiative and at your own risk, and that as between you and us, you are solely responsible for any Connections.
We are not responsible or liable for any act or omission of any AI Provider, for any use, retention, disclosure, loss or compromise of data by or through an AI Provider, or for any loss of confidentiality, privilege, trade-secret protection or other legal protection resulting from a Connection.
A.4 Your representations. By enabling a Connection, and for so long as a Connection remains enabled, you represent and warrant that:
(a) you have the authority to enable the Connection and to direct the transmission of data to the AI Provider;
(b) you have given all notices, obtained all consents and have full right and authority to permit the transmission and processing of all personal information transmitted through the Connection, and all such transmission, processing complies with your own published privacy notice;
(c) you have entered into an agreement with the AI Provider that includes all terms required by applicable data protection and privacy laws governing the AI Provider’s processing of personal information on your behalf, and you will treat the AI Provider as your own service provider, processor or subprocessor (and not as our service provider, processor or subprocessor), as applicable;
(d) you have reviewed and properly configured the data retention, model training, and data sharing settings of the AI Provider account you are connecting so that (i) your data is not used to train, tune, or improve the AI Provider’s models unless you have expressly consented to such use, (ii) data retention periods are consistent with your obligations to your customers, to us, and to any third-party platform, and (iii) you will monitor and maintain these settings on an ongoing basis; and
(e) the AI Provider account you connect is either (1) subject to the AI Provider’s commercial, business, or enterprise terms (and not consumer, free-tier, or personal-use terms), which typically provide stronger data protection, confidentiality, and restrictions on model training than consumer plans, unless we expressly permit otherwise in the Connection flow; or (2) configured to prevent model training based on data we supply to you. You acknowledge that consumer and free-tier accounts may permit the AI Provider to use your data to train its models and may not provide adequate confidentiality or data protection for your customers’ information.
A.5 Data you must not transmit. You must not transmit, and you must configure your Connection so that it does not transmit, any of the following to an AI Provider: (a) full payment card numbers, card security codes or any other cardholder data subject to the Payment Card Industry Data Security Standard; (b) Third Party Data, including Facebook or other Meta platform data, Stripe data, and data originating from any other third-party platform; (c) credentials, API keys, access tokens or passwords; (d) Social Security numbers, other government identification numbers, or financial account numbers; and (e) any data you are prohibited from disclosing by law, by contract, or by the terms of a third-party platform. Where we make scoping controls available, you are responsible for configuring them. Where we exclude a category of data from a Connection or otherwise prevent data from being transmitted over a Connection, you must not attempt to obtain or transmit it by other means.
A.6 Credentials, scope and the acts of agents. We may require a Connection to be established through an authorization mechanism we designate, and we may decline to accept, transmit or store AI Provider credentials for any reason, with our without notice to you. A Connection is limited to the data and operations we expose for it, which may be read-only, and we may suspend or change that scope of such data and operations at any time. Every request made and every action taken through a Connection using your credentials or authorization is your act — whether or not a human being reviewed it in advance, and whether or not it was what you intended. You are responsible for your Connection, including deciding who may use a Connection and for supervising its use and any results.
A.7 Deletion, retention and data subject requests. If you or one of your customers requests that we delete, correct, restrict, or otherwise act on personal information, we can act only on data held within the Services; we have no ability to access, retrieve, correct, restrict, or delete data held by any AI Provider. Data previously transmitted through a Connection is outside our custody and control and is your sole responsibility. You must maintain the means to identify, locate, retrieve, correct, and delete such data at the AI Provider in order to respond to data subject requests, regulatory inquiries, and legal obligations. You will handle, and are solely responsible for, any request, inquiry, complaint, or claim from a customer, data subject, regulator, or other person that relates to data you transmitted through a Connection, including any request to exercise rights under applicable data protection or privacy laws. You will indemnify, defend, and hold us harmless in respect of any such request, inquiry, complaint, or claim, as provided in the Agreement, including any failure to comply with such requests, in queries and obligations.
A.8 Suspension and revocation. We may suspend, revoke, rate-limit, restrict, or disable any Connection, in whole or in part, at any time, with or without notice and with or without cause, including where we reasonably believe that (a) the Connection presents a security, privacy, fraud, legal, reputational, platform-compliance, or capacity risk to us, to other merchants, to your customers, or to any third party; (b) you have breached or in our reasonable opinion may breach this Agreement or the terms of any third-party platform; (c) a third-party platform, AI Provider, or applicable law requires or requests it; or (d) suspension or revocation is otherwise necessary to protect the integrity of the Services. We may also permanently terminate your ability to use any or all Merchant-Connected AI features. We are not liable for any loss, damage, or consequence of any kind arising from our exercise of these rights, and you waive any claim against us arising therefrom.
A.9 Names and marks. We may identify an AI Provider by name solely for the purpose of describing compatibility or explaining the functionality of a Connection. Such identification does not constitute an endorsement, recommendation, certification, or approval of any AI Provider, its products, or its services. Nothing in the Services, in our documentation, or in any of our materials is a statement by or on behalf of any AI Provider, and no partnership, joint venture, agency, endorsement, affiliation, or sponsorship between us and any AI Provider is created or implied by the availability of a Connection. You must not represent or imply to any person that any such relationship exists, and you must not use the name, logo, or marks of any AI Provider except as expressly permitted by the AI Provider’s terms.
B.1 What this Part covers. This Part B applies to CommentSold AI — that is, AI Features in which we (and not a third-party AI Provider you connect) use artificial intelligence to search, retrieve, analyze, generate, or present reports, analyses, summaries, recommendations, insights, or other output for you. Examples include AI-generated sales analytics, inventory recommendations, customer insights, and automated reporting. This Part B does not apply to Merchant-Connected AI, which is governed by Part A.
B.2 Beta status; our right to change the offering. Unless we expressly state otherwise in a writing signed by us, CommentSold AI Features are made available as a beta, preview, or evaluation feature and are not considered part of the core Services for purposes of any service level, uptime commitment, or support obligation. We may, at any time, in our sole discretion and without liability to you: (a) add, change, restrict, meter, rate-limit, suspend, withdraw, or discontinue any CommentSold AI feature or any part of it; (b) change, substitute, add, or remove the artificial intelligence models, model versions, model providers, hosting providers, or other subprocessors used to deliver it; (c) change the form, format, depth, frequency, accuracy, or scope of any report, analysis, or output; (d) change which subscription tiers include it or impose usage limits; and (e) begin charging for it, including on a usage basis, upon notice to you.
Output generated after such a change may differ materially from output generated before it, and we are under no obligation to maintain consistency, reproducibility, or backward compatibility. We do not warrant that any report, analysis, or other output will remain available, reproducible, or consistent over time. You acknowledge that changes to underlying models may cause AI Output to vary even when inputs are unchanged. Your sole and exclusive remedy in respect of any change to, or discontinuation of, a CommentSold AI feature is as set forth in the section of the Agreement titled Billing, Payment and Taxes, and you waive any other claim arising from such change or discontinuation.
B.3 No warranty; verification; not professional advice. CommentSold AI and all AI Output are provided “as is” and “as available,” without warranty of any kind, and are subject to the disclaimers and limitations set out in the Agreement. Without limiting them: AI Output is generated by probabilistic systems that may produce inaccurate, incomplete, outdated, biased, or misleading results, including results that appear confident or authoritative when they are wrong (sometimes called “hallucinations”); AI Output is derived from the data in your account and inherits any error, gap, bias, or inconsistency in that data; AI Output is not legal, tax, accounting, financial, investment, employment, medical, or other professional advice and must not be relied upon as such; and identical or similar output may be generated for other merchants or other users. You must exercise independent judgment, and you must independently review and verify AI Output before relying on it, publishing it, transmitting it to your customers, or using it as the basis for any material business, financial, tax, regulatory, employment, or compliance decision. Nothing in CommentSold AI relieves you of your own obligations to your customers, to any tax authority, to any regulator, or under applicable law.
B.4 Restrictions on use of AI Output. You must not use CommentSold AI or any AI Output:
(a) to make, or as a substantial factor in making, any decision that produces a legal or similarly significant effect concerning an individual without meaningful human review and oversight, including any decision regarding employment, hiring, termination, compensation, credit or lending, insurance underwriting or claims, housing, education, healthcare, benefits eligibility, or access to essential goods or services;
(b) to generate content that is false, deceptive, or misleading, that impersonates any person or entity, that presents artificially generated content as human-generated where disclosure is required or where a reasonable person would expect disclosure, or that is designed to manipulate opinions or behavior through deception;
(c) to infer, generate, collect, or process information about an individual’s race, ethnicity, national origin, religion, political opinions, health, disability, genetic or biometric data, sexual orientation, gender identity, immigration status, union membership, criminal history, or precise geolocation, except where expressly permitted by applicable law and necessary for a lawful purpose;
(d) in any manner that would cause us to become subject to registration, filing, disclosure, assessment, audit, or other obligations as the developer, deployer, operator, or distributor of a high-risk, consequential-decision, automated decision-making, or similar system under any applicable law, including the EU AI Act, state AI laws, or sector-specific AI regulations;
(e) for any purpose prohibited by the Agreement, by applicable law, by the terms of any third-party platform, or by the acceptable use policies of any AI Provider or model provider whose technology underlies CommentSold AI;
(f) to generate spam, bulk unsolicited communications, or content for use in political campaigns, elections, or lobbying without appropriate disclosure; or (g) to develop, train, fine-tune, evaluate, or benchmark any artificial intelligence model or competing service. You decide how AI Output is used, and you are solely responsible for making all disclosures your use requires, including any disclosure that a person is interacting with, or receiving content generated by, artificial intelligence, and for ensuring that your use complies with all applicable laws and platform terms.
B.5 Third-party inputs and prompt injection. CommentSold AI processes data in your account, which may include text, images, and other content supplied by your customers and by other third parties, such as comments, messages, product reviews, order notes, and user-generated content. You acknowledge that content supplied by a third party may contain instructions, code, or other material intended to manipulate an artificial intelligence system into producing an incorrect, harmful, or unauthorized result, disclosing confidential information, or taking unintended actions (sometimes called “prompt injection” or “jailbreaking”). No filtering or safety mechanism is complete, and we do not warrant that CommentSold AI is resistant to such attempts or that it will detect or block all malicious, harmful, or manipulative inputs. We may filter, truncate, redact, block, or refuse to process any input or output in our sole discretion. You are responsible for any consequences arising from malicious, harmful, or manipulative content submitted by your customers or other third parties through your account.
B.6 Prompts, logs and retention. We may log prompts, inputs, outputs, and related metadata, and we may retain them in order to operate, secure, debug, monitor, and improve the Services, to detect and prevent fraud, abuse, and misuse, to enforce the Agreement, to comply with applicable law, and to respond to legal process. We may use aggregated or de-identified data derived from such logs for any purpose, including to train, evaluate, and improve our artificial intelligence models and services. Our use of the data contained in those logs is governed by the section of the Agreement titled Merchant Data; Data Use and Improvement Rights and by the Data Processing Addendum.
B.7 Rights in AI Output. As between you and us, and subject to your compliance with the Agreement and this Addendum, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use AI Output generated for your account solely for your internal business purposes, to the extent any rights in that output subsist. This license terminates automatically upon termination or expiration of the Agreement or upon your breach of the Agreement or this Addendum. We make no representation or warranty that AI Output is protectable by copyright or by any other intellectual property right, or that it is original, unique, or non-infringing. You may not claim ownership of, or any intellectual property rights in, AI Output, and you acknowledge that substantially similar or identical output may be generated for other merchants or users. We retain all right, title, and interest in and to CommentSold AI, including all models, algorithms, prompts, system instructions, templates, training data, evaluation methods, scoring logic, and output formats used to produce AI Output, and nothing in this Addendum transfers any of those rights to you or grants you any license except as expressly stated in this section.
C.1 Precedence. This Addendum is subject to the order of precedence set out in the Agreement.
C.2 Changes to this Addendum. We may change this Addendum from time to time as provided in the section of the Agreement titled Changes to this Agreement.
C.3 Availability. The AI Features are made available only to merchants located in the United States, unless we expressly state otherwise in writing. You represent and warrant that you are located in the United States and that you will not access or use the AI Features from outside the United States. We may restrict, suspend, or terminate your access to any AI Feature if we reasonably believe you are located outside the United States or are accessing the AI Features from a jurisdiction where they are not authorized, and we are not liable for any consequence of our doing so. Availability of the AI Features does not constitute an offer or solicitation in any jurisdiction where such offer or solicitation is prohibited. We make no representation that the AI Features are appropriate, lawful, or available for use in any jurisdiction outside the United States, and accessing them from such jurisdictions is at your own risk and responsibility.
C.4 Survival. The following provisions of this Addendum survive termination or expiration of the Agreement: Sections A.3 (Acknowledgment and assumption of risk; loss of confidentiality), A.5 (Data you must not transmit), A.7 (Deletion, retention and data subject requests), A.9 (Names and marks), B.3 (No warranty; verification; not professional advice), B.4 (Restrictions on use of AI Output), B.7 (Rights in AI Output), and this Part C. These provisions survive in addition to every provision of the Agreement that survives by its terms and any other provision of this Addendum that by its nature should survive to give effect to the parties’ rights and obligations under this Agreement.
