Please read these Terms of Service ("Terms", "Agreement") carefully before using the SOLD Now software application, mobile configurations, and related digital services (collectively, the "Platform", "SOLD Now", "Service") operated by SOLD Now LLC, a Texas limited liability company ("us", "we", "our", or the "Company").
By registering an account, purchasing a subscription, or accessing the Service, you ("User", "Subscriber", "Reseller") agree to be bound by this legally binding Agreement. If you are entering into this Agreement on behalf of a business, shop, or sole proprietorship, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you are prohibited from utilizing the Platform.
SOLD Now is primarily an internal administrative tool designed to assist professional resellers with inventory logging, expense organization (such as tracking sourcing trips and item baseline costs), and customer relationship management (CRM).
OPTIONAL PUBLIC-FACING FEATURES: Certain optional features publish content that you choose to make public — including SOLD Tag pages, Raid Train Sign-Up pages, and, where you purchase the add-on, your own online store. Each online store is your own single-business store, operated by you, under your own name. Your use of these features is governed by Section 3.4 and by our Acceptable Use Policy.
IMPORTANT SCOPE RESTRICTION: SOLD Now is not a public marketplace, an auction house, or a payment gateway for end-consumers. Specifically, with respect to any sale of your inventory to your own customers, the Company:
(a) does not take title to, take possession of, warehouse, or ship your inventory;
(b) does not set, suggest, or control your prices, and does not select the goods you offer;
(c) does not process, receive, hold, or disburse the proceeds of your sales — payments are processed using payment credentials held in your own name, as described in Section 3.4;
(d) is not the seller, merchant, or retailer of record for any sale, and is not a party to any contract formed between you and your customer; and
(e) does not operate a combined consumer-facing catalog, search, or checkout that aggregates the inventory of multiple Subscribers into a single shopping experience.
You are the seller of record for every sale you make through or with the assistance of the Platform. Section 3.4 sets out your responsibility for sales tax and your other obligations as seller.
GEOGRAPHIC RESTRICTION: SOLD Now is available exclusively for use by businesses and individuals located in the United States. Use of the Platform outside of the United States is expressly prohibited. The Company makes no representation that the Service complies with the laws of any jurisdiction outside the United States, and access from other locations is unauthorized and unsupported.
To use SOLD Now, you must create an account by providing accurate, valid, and current business details. You are entirely responsible for maintaining the privacy of your login credentials and for all actions that occur within your account profile. You must be at least eighteen (18) years of age to register an account or use the Service.
An individual Subscriber may establish and operate multiple accounts on the Platform (for instance, to track completely distinct resale locations, unique antique booths, or separate corporate entities). Each account operates as an entirely separate, isolated ecosystem with its own standalone data silo. There is no hierarchical linking, parent-child sharing, or unified administrative console between accounts. Consequently, each account requires its own separate paid subscription, and billing is calculated independently per account.
Subject to these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your internal business purposes during your subscription term. The Platform — including all software, source code, designs, features, trademarks (including "SOLD" and "SOLD Now"), and documentation — is and remains the exclusive property of SOLD Now LLC. No rights are granted to you other than the limited license expressly stated in this Section.
As between you and the Company, you own all inventory records, customer lists, images, and other content you input into the Platform ("Subscriber Data"). You grant the Company a limited, non-exclusive license to host, store, process, transmit, and display Subscriber Data solely as necessary to provide the Service to you, including the optional AI-powered features described in our Privacy Policy. This license ends when your Subscriber Data is deleted in accordance with Section 4. You are solely responsible for the accuracy and lawfulness of Subscriber Data.
Where Subscriber Data includes personal information about your own customers, mailing-list subscribers, or users, the Company processes that information on your behalf as a service provider. Those terms are set out in our Data Processing Addendum ("DPA"), which is incorporated into these Terms by reference and forms part of this Agreement. The DPA identifies the sub-processors the Company engages, the security and breach-notification commitments that apply, and the deletion timelines that mirror Section 4. As between the DPA and these Terms, the DPA controls with respect to the processing of that personal information.
Access to the features of SOLD Now is granted on a recurring subscription basis (monthly or annually). Payments collected through the Platform are strictly for your software license and access tiers to SOLD Now itself.
Subscriptions renew automatically at the conclusion of your billing cycle. You may cancel an account's subscription at any time within that specific account's billing portal. Upon cancellation, access to paid utilities continues until the conclusion of the active pre-paid period, at which time the data provisions outlined in Section 4 apply.
Except where required by applicable law, all subscription fees are non-refundable and non-creditable once charged. Canceling a subscription stops future renewals but does not entitle you to a refund of fees already paid, including prorated refunds for the unused portion of a monthly or annual term; instead, your access continues through the end of the prepaid period as described in Section 3.2. If you believe you have been billed in error, contact info@soldnow.app within thirty (30) days of the charge and we will review the billing in good faith.
Where you use the online store add-on, a SOLD Tag page, an invoice, or any other Platform feature to sell your inventory to your own customers, you are the seller of record for that transaction. The Company is not a party to it, is not the merchant or seller of record, and does not take title to or possession of your inventory.
Sales tax is your responsibility. You are solely responsible for determining whether any sale you make is subject to sales, use, or other transaction tax; for registering with each taxing authority where you are required to do so; for determining the correct rate and the taxability of each item; for collecting the correct amount from your customer; and for filing returns and remitting the tax to the appropriate authority when due. This applies whether the sale is made through your online store, in person, by invoice, or through any connected marketplace.
The Platform's tax features are a calculation convenience, not tax advice. The Platform can apply a sales tax rate that you configure, store a default rate for a location, mark a customer as tax exempt, and hold an exemption certificate you upload. These features apply the values you supply. The Company does not determine where you have nexus, whether an item is taxable, which rate applies, or whether an exemption is valid, and does not verify exemption certificates. No sales tax is collected unless you configure it — the Platform default is to collect none. Nothing in the Platform or these Terms is tax, accounting, or legal advice, and you should consult your own advisor.
Payments. Payments from your customers are processed using payment credentials held in your own name, as described in Annex B of the Data Processing Addendum. The Company does not receive, hold, or disburse the proceeds of your sales, and does not withhold or remit any tax on your behalf.
Allocation between the parties. As between you and the Company, you bear all liability for sales tax on your sales, including any assessment, interest, and penalty, and your indemnity in Section 9 extends to any claim arising from your failure to collect, report, or remit it. This Section allocates responsibility between you and the Company only; it does not purport to alter any obligation that applicable law places directly on either party.
We recognize that historical asset logs, procurement expense valuations, and customer tracking data are vital for small businesses, tax recording compliance, and operational planning.
SOLD Now provides integrated CRM tools allowing Resellers to store profiles, document client interests (e.g., vintage glassware patterns or antique categories), and execute outreach notifications. If you use SOLD Now to transmit messages, emails, or communications to end-consumers, you assume all compliance burdens.
You represent and warrant that your customer contact methods comply with federal and state marketing laws, including the CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA). You are solely liable for obtaining appropriate marketing opt-ins and respecting opt-out requests from your clientele.
Your use of the Platform is governed by our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference and forms part of this Agreement. The AUP sets out the conduct that is prohibited on the Platform, including restrictions on the Platform itself, on messaging and outreach to your customers, on public pages and storefronts you publish, on third-party integrations you connect, and on AI-assisted features. You are responsible for reviewing the AUP and for ensuring that anyone using the Platform through your account complies with it. A violation of the AUP is a material breach of these Terms.
The Company may suspend or terminate an account, with notice to the account email address, if: (a) subscription fees are not paid when due and remain unpaid ten (10) days after notice; (b) the Subscriber materially breaches these Terms, including the Acceptable Use Policy incorporated by Section 6.1; or (c) suspension is reasonably necessary to protect the security or integrity of the Platform or other Subscribers. Except where the account was used for unlawful activity or poses an ongoing security threat, a terminated Subscriber retains the export rights described in Section 4 for the duration of the Grace Period.
The Company responds to notices of claimed copyright infringement concerning material published through the Platform — including public pages such as SOLD Tag pages, Raid Train pages, and online stores — consistent with the notice-and-takedown framework of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
Where to send a notice. Notices of claimed infringement must be sent to:
SOLD Now LLC
SOLD Now Application Support — Legal & Compliance
Email: info@soldnow.app
What a notice must contain. To be effective, a notice must be a written communication that includes: (a) a physical or electronic signature of the owner of the copyright claimed to be infringed, or a person authorized to act on the owner's behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing, and information reasonably sufficient to permit us to locate it, such as the address of the page on which it appears; (d) information reasonably sufficient to permit us to contact you, including an address, telephone number, and email address; (e) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate, and — under penalty of perjury — that you are authorized to act on behalf of the owner of the copyright claimed to be infringed.
What we do on receipt. On receiving a notice that substantially complies with the requirements above, we will remove or disable access to the material identified and will take reasonable steps to notify the Subscriber who published it, including by providing a copy of the notice.
Counter-notification. A Subscriber who believes material was removed or disabled as a result of mistake or misidentification may send a counter-notification to the same address, including: (a) their physical or electronic signature; (b) identification of the material and the location at which it appeared before it was removed or disabled; (c) a statement under penalty of perjury that they have a good faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) their name, address, and telephone number, together with a statement that they consent to the jurisdiction of the Federal District Court for the judicial district in which their address is located — or, if their address is outside the United States, any judicial district in which the Company may be found — and that they will accept service of process from the person who provided the original notice or an agent of that person.
We will forward a compliant counter-notification to the person who provided the original notice, and may replace the removed material or restore access to it in not less than ten (10) nor more than fourteen (14) business days following receipt, unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material.
Repeat infringers. It is our policy, in appropriate circumstances, to terminate the accounts of Subscribers who are repeat infringers. A termination on that basis is a termination for cause under Section 6.2.
Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.
SOLD NOW IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. The Company makes no guarantees that platform tools, structural analysis logs, or automated helpers (including any artificial intelligence configurations utilized for item categorization, descriptive copy generation, or market pricing suggestions) will be error-free, accurate, or perfectly aligned with the real-time secondary market values. Resellers maintain final responsibility for pricing choices, inventory grading, and commercial performance. Content submitted to AI-powered features is processed by third-party AI service providers as described in our Privacy Policy.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, EXPENSE DEDUCTIONS, VALUE OF UNTRACKED INVENTORY, OR GOODWILL, ARISING OUT OF YOUR ACCESS TO OR INABILITY TO USE THE PLATFORM.
THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, OR THE USE OF THE SERVICES FOR ANY CLAIMS, ACTIONS, OR DISPUTES SHALL BE STRICTLY LIMITED TO, AND SHALL NOT EXCEED, THE TOTAL FEES ACTUALLY PAID BY YOU TO SOLD NOW FOR THE SPECIFIC ACCOUNT PRODUCING THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless the Company and its officers, contractors, and employees from and against any third-party claims, financial losses, regulatory enforcement fines, or litigation fees resulting from: (a) your misuse of the Platform; (b) your violation of these Terms; (c) any consumer dispute or product liability incident stemming from items tracked inside the software; or (d) your violation of consumer privacy and text/email communication laws (such as CAN-SPAM or TCPA) using the CRM infrastructure.
These Terms, along with any dispute or claim arising out of their framework, shall be governed by, interpreted, and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the state or federal courts located in the State of Texas. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the litigation of any such action.
If any provision of these Terms is found to be unenforceable or invalid under applicable local laws, that specific provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Terms shall otherwise remain in full force, effect, and enforceability. This document, together with the Privacy Policy, the Acceptable Use Policy incorporated by Section 6.1, and the Data Processing Addendum incorporated by Section 2.5, constitutes the entire contract between the User and the Company regarding the SOLD Now software utility platform.
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time by posting the updated version directly on the SOLD application website. For any material changes, we will provide at least thirty (30) days' notice via a prominent notification on our website or through the contact email associated with your account prior to the new terms taking effect. Your continued use of the Platform after the effective date of any posted modifications constitutes your binding acceptance of the amended Terms.
The Company reserves the right to change subscription pricing at any time. We will provide at least thirty (30) days' advance notice of any pricing changes via a prominent notification on our website or through the contact email associated with your account. Continued use of the Platform following the effective date of a pricing change constitutes your acceptance of the new pricing.
The Company reserves the right to modify, add, remove, or otherwise change any feature or functionality of the Platform at any time, with or without prior notice for minor changes. For material changes to core functionality, we will endeavor to provide at least thirty (30) days' advance notice where reasonably practicable.
The Company reserves the right to discontinue, suspend, or permanently disable the Platform, in whole or in part, at any time. We will provide at least thirty (30) days' advance notice prior to any permanent discontinuation of the Service, delivered via a prominent notification on our website or through the contact email associated with your account. In the event of discontinuation, the data portability provisions set forth in Section 4 shall apply.
For billing modifications, subscription cancellations, or specific inquiries regarding these Terms, please contact us by email:
SOLD Now LLC
SOLD Now Application Support — Legal & Compliance
Email: info@soldnow.app
