Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and ProfitLens, operated by Nudge Social Co (“ProfitLens”, “we”, “us”, or “our”).

By creating an account, accessing, or using ProfitLens, you agree to be bound by these Terms, our Privacy Policy, and our Disclaimer. If you do not agree, do not use the Service.

ProfitLens is a sourcing-decision tool for resellers. The Service lets you scan barcodes or take photos of items and returns market-pricing information from eBay’s public Browse API along with a Buy / Maybe / Pass recommendation calculated against your own sourcing rules. The Service also includes a manual profit tracker, scan analytics, and an AI-powered “Be On the Lookout” watchlist.

ProfitLens is software-as-a-service. We do not sell physical goods, and we do not act as a broker, agent, or financial adviser.

You must be at least 18 years old to create an account. You are responsible for the accuracy of the information you provide, for keeping your password confidential, and for all activity that occurs under your account.

You agree to notify us immediately at support@profitlensapp.com if you suspect any unauthorized access to your account.

• ProfitLens Pro is offered as a recurring subscription at $9.99 USD per month, preceded by a seven (7) day free trial.
• A valid payment method is required at signup. You will not be charged during the free trial. Unless you cancel before the trial ends, your payment method will be charged $9.99 on the eighth day and every month thereafter on the same calendar day.
• Billing is processed by Stripe, Inc. ProfitLens does not store your full card number; payment-card data is collected, processed, and stored by Stripe under their own terms.
• You may cancel at any time from the “Manage subscription” link in Settings. Cancellation takes effect at the end of the current billing period; you retain access until then. We do not provide refunds or credits for partial billing periods, except where required by applicable law.
• We may change subscription pricing on reasonable advance notice (no less than 30 days). Continued use after a price change constitutes acceptance.
• Failed payments will trigger one or more retry attempts via Stripe. If payment cannot be collected, your subscription may be suspended or terminated.

You agree not to:

• Use the Service in a way that violates any applicable law or regulation.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except where this restriction is prohibited by law.
• Use automated tools, scripts, or bots to scrape, replicate, or extract data from the Service in bulk.
• Resell, sublicense, or commercially redistribute the Service or its outputs as a stand-alone product.
• Use the Service in a manner that violates eBay’s API Terms or any third-party platform’s terms.
• Submit content that is unlawful, infringing, defamatory, or fraudulent.
• Interfere with the operation of the Service or attempt unauthorized access.

ProfitLens, including its software, designs, logos, and content, is owned by Nudge Social Co and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own internal sourcing operations during your active subscription.

You retain all rights to the data you input — your scan history, watchlist entries, inventory, sourcing rules, and notes (“User Content”). You grant us a limited license to host, process, and display your User Content solely to operate and improve the Service for you. We do not sell or share your User Content with third parties for advertising.

ProfitLens is an informational and decision-support tool, not financial, investment, or business advice. You alone are responsible for your purchasing decisions and for the consequences of those decisions.

• No accuracy guarantee. Pricing data is sourced from eBay’s public APIs and may be incomplete, delayed, stale, or contain errors. We do not warrant the accuracy, completeness, or timeliness of any information surfaced by the Service.
• No outcome guarantee. We do not guarantee that any item you source will sell, will sell within any timeframe, or will sell at any particular price. Past sale data is historical and does not predict future results.
• Recommendations are not guarantees. Buy / Maybe / Pass verdicts are algorithmic suggestions calculated against your inputs and the pricing data we retrieve. They are informational only and do not constitute advice.
• You bear all risk. All sourcing decisions, capital outlay, inventory holding, and resale outcomes are solely your responsibility.
• No warranty. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED USE.

To the maximum extent permitted by law:

• ProfitLens, its officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost inventory value, lost data, or business interruption, arising out of or related to your use of the Service.
• Our total aggregate liability for any claim arising out of or related to the Service is limited to the greater of (a) the amount you have paid to ProfitLens in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100.00).
• These limitations apply regardless of the legal theory asserted (contract, tort, statute, or otherwise) and even if we have been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless ProfitLens, Nudge Social Co, and their respective officers, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your sourcing or resale activities; (c) your User Content; or (d) your breach of these Terms or any applicable law.

You may terminate this agreement at any time by canceling your subscription and deleting your account. We may suspend or terminate your access at any time, with or without notice, for: (a) breach of these Terms; (b) suspected fraudulent, abusive, or illegal activity; (c) failed payment; or (d) discontinuation of the Service.

Upon termination, your right to use the Service ends immediately. Sections 6 through 13 survive termination.

These Terms are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-law principles. The federal and state courts located in Maricopa County, Arizona will have exclusive jurisdiction over any matter not subject to arbitration under the next paragraph.

Binding arbitration. Except for claims of intellectual property infringement or claims that may be brought in small-claims court, any dispute arising out of or related to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Maricopa County, Arizona, and will be conducted in English by a single arbitrator. The arbitrator’s award is final and may be entered in any court of competent jurisdiction.

Class action waiver. Disputes will be resolved on an individual basis only. You and ProfitLens waive any right to participate in a class action, class arbitration, consolidated action, or representative proceeding.

30-day arbitration opt-out. You may opt out of the arbitration clause and class action waiver by emailing support@profitlensapp.com within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out”.

We may update these Terms from time to time. Material changes will be communicated to you by email at least 14 days before they take effect. Your continued use of the Service after the effective date of an updated version constitutes acceptance.

• Entire agreement. These Terms, together with the Privacy Policy and Disclaimer, are the entire agreement between you and ProfitLens regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms at any time.

Questions about these Terms? Email support@profitlensapp.com.