Terms of Use and Service Agreement

1. Parties and Definitions

Service provider: WhowSell LLC, 1209 Mountain Road Pl NE #7495, Albuquerque, NM 87110, USA. Contact: support@whowsell.com.

"User" or "you" means the natural or legal person accessing the Service; "Content" means all data, text, graphics, analyses, and software made available through the Service; "Subscription" means the right of access under a paid plan.

2. Eligibility and Capacity

To use the Service, you must be at least 18 years of age and have the legal capacity to enter into a binding contract. If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization.

You agree that the information you provide is accurate, current, and complete, and that you will keep it up to date. In the event of misrepresentation, your account may be suspended or terminated.

3. Description and Nature of the Service

WhowSell Radar is a software-as-a-service (SaaS) platform offering functions such as product research on marketplaces, AI-assisted evaluation (Go / Caution / Avoid), price and ranking tracking, watchlist/group management, and brand/IP checks.

All data, estimates, scores, and AI evaluations provided through the Service are for informational and general research purposes ONLY. They do NOT constitute any guarantee of profit, sales, ranking, or outcome, nor any investment, legal, financial, or commercial advice. All decisions and their consequences rest solely with the User.

4. Data Accuracy and Third-Party Sources

The Service is fed in part by third-party sources and publicly available data. The timeliness, accuracy, completeness, or uninterrupted availability of such data is not guaranteed. The Company cannot be held liable for changes, delays, or errors in data sources.

The Service depends on third-party services (e.g., Stripe, Supabase, email, and AI providers). Outages or changes in the terms of these services may be beyond the Company's control.

5. Account and Security

A single WhowSell account grants access to WhowSell applications. You are solely responsible for the confidentiality of your account credentials and for all activity carried out through your account.

You must promptly notify support@whowsell.com of any suspected unauthorized access. The Company may maintain session, access, and abuse logs to ensure security.

6. Subscription, Fees, and Payment

The Service is offered under Free, Radar Starter, Radar Pro, and Radar Master plans. Paid plans are subscription-based and renew automatically according to the billing cycle you select (monthly/annual) until you cancel. Where applicable, subscriptions may be separate per marketplace.

Payments are processed through the PCI-DSS compliant Stripe infrastructure; your card details are not stored on the Company's systems. Daily request quotas apply based on the plan; when a quota is exceeded, the relevant functions may be temporarily limited.

Taxes: applicable taxes are calculated automatically based on the billing address you provide at checkout, are shown on a separate line at checkout and on your invoice, and are charged on renewals at the rate in effect on the renewal date. You are responsible for keeping your billing address accurate and up to date.

For all subscription payments made by card, a card processing fee of 4.5% is added to the listed plan price to cover payment infrastructure and transaction costs; the total is rounded up to the next whole US dollar. The card processing fee is a separate item from the plan's listed price; it is shown separately at the payment step and is included in the total charged, including on every renewal. On plan upgrades, the difference charged the same day includes this fee proportionally.

Automatic renewal: by subscribing to a paid plan, you expressly authorize your subscription to renew automatically at the end of each period (every month on monthly plans, every year on annual plans) until you cancel, and the fee for the new period (including the card processing fee and any applicable taxes) to be charged to your saved default card on the renewal date without further approval. We may send you a reminder before renewal; the absence or non-delivery of a reminder does not affect the renewal or the charge.

Saved cards: you can manage your cards under Settings > Subscription (add a card, change the default card, remove a card). Renewals are charged to your default card; the first card you add becomes the default. At least one saved card must remain on your account; your only remaining card cannot be removed. A card you remove is detached from your record with the payment service provider and is not charged afterwards. You are responsible for keeping your card valid and sufficiently funded.

Failed renewals: if a renewal fee cannot be collected, your access to paid features stops immediately from the renewal date and your account runs on the Free plan until payment is received; no paid access is provided for any day of an unpaid period. The charge is retried automatically for up to 21 days from the renewal date, and you are notified by email during this time. Within this period you can update your card, add a new card or start the payment immediately with “Pay now”; the charge is retried immediately when your default card changes. A charge that cannot be completed because your bank requires additional authentication (for example 3-D Secure) is also treated as a failed renewal.

Late payment: if the charge succeeds on any day within this 21-day period, your paid access is restored at the moment of payment and a new full period (one month on monthly plans, one year on annual plans) starts on the payment date; your next renewal date is calculated from the payment date. No fee is charged for the days on which access was stopped, and those days are not credited back afterwards. If payment cannot be collected within 21 days, the subscription ends automatically, your account moves to the Free plan and your card is not charged again.

Cancellation: you can cancel your subscription at any time under Settings > Subscription. Cancellation takes effect at the end of the paid period; all features of your plan remain available until then, after which your account moves to the Free plan and your card is not charged again. A cancellation made after a renewal fee has been collected takes effect at the end of that newly paid period. If you cancel a subscription whose renewal could not be collected (an overdue subscription), collection attempts for the last unpaid period continue until the end of the 21-day period: if a charge succeeds within that period, your access opens for one period from the payment date and the subscription ends at the end of that period; otherwise the subscription ends automatically and no further charge is made.

Plan changes: when you upgrade your plan, the change applies as soon as the difference is charged to your card; the unused time of the current period is credited. If the difference cannot be charged, the upgrade is not applied and your current plan continues unchanged. When you downgrade, the change takes effect at the end of the current period and nothing extra is charged until then. Plan changes are not available while a renewal is being collected (the renewal invoice has been issued but not yet charged) or while a subscription is overdue. Plan changes made during a period that started with a late payment take effect at the next renewal; until then your current plan continues and no extra charge or refund arises.

Price changes: we reserve the right to change our prices. A price change affecting your existing subscription will be notified to you by email or in your panel at least 30 days before the first renewal at which the new price applies, and takes effect from that renewal. If you do not accept the new price, you may cancel before that renewal; if you do not cancel, you are deemed to have accepted the new price. For new purchases, the price in effect at the time of purchase applies.

Fees paid are final and non-refundable, and the card processing fee is not refunded. The plan remains valid until the end of the paid period (whether or not it is used). Duplicate or erroneous charges are refunded in full once identified. Cancellation and refund terms are governed by the Cancellation and Refund Policy; your mandatory rights under applicable consumer law remain unaffected. Please contact us at support@whowsell.com before disputing a charge with your bank (chargeback); if a chargeback is filed for a legitimate charge, paid access may be suspended until the dispute is resolved, and if the dispute is decided in our favor, the charge remains valid.

7. Acceptable Use

You agree to use the Service only in accordance with applicable law and these Terms. The following are strictly prohibited: unauthorized access or attempted access to the system; reverse engineering, accessing source code, or creating derivatives; automated/bulk abuse, exploitation of security vulnerabilities, uploading malware; excessive or unfair loading of the Service; circumventing quotas by fraudulent means; sharing accounts or reselling the Service; and any use that infringes the rights, privacy, or intellectual property of others.

Certain scans performed via the browser extension may be carried out through the User's own browser and IP address. The User is obligated to comply with the terms of use of the marketplaces and third-party sites they access and to assume full responsibility arising from such use.

The Company reserves the right to restrict access, remove content, and suspend/terminate the account in the event of a breach of this clause.

8. Intellectual Property

The Service, software, design, interface, brand, logo, database, and all Content belong to the Company or its licensors and are protected by intellectual property law. You are granted a limited, personal, non-transferable, non-sublicensable, and non-exclusive right of use for use consistent with these Terms. All rights not expressly granted herein are reserved.

We have the right to use your feedback and suggestions regarding the Service to improve the Service, without any additional obligation to you.

9. Beta and Experimental Features

From time to time, features designated as "beta", "preview", or experimental may be offered. Such features are provided "as is", may be changed or removed, and are excluded from any warranty.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, ERROR-FREENESS, OR DATA ACCURACY.

No commitment is made that the Service will produce any particular revenue, savings, or commercial outcome.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF BUSINESS, OR LOSS OF DATA).

IN ANY EVENT, THE COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE RELEVANT SERVICE IN THE THREE (3) MONTHS PRIOR TO THE DATE THE RELEVANT CLAIM AROSE. Some jurisdictions may not allow these limitations; in that case, the limits apply to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its directors, employees, and business partners against any and all claims, damages, liabilities, costs, and reasonable attorneys' fees arising from your use of the Service in violation of these Terms or applicable law, your infringement of third-party rights, or the content you provide.

13. Modification and Suspension of the Service

The Company may enhance, modify, restrict, or discontinue features of the Service. Your account may be suspended or terminated, with or without prior notice as necessary, in cases of breach of these Terms or security rules, unlawful use, or where the protection of other users or of security is required.

14. Termination

You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period and automatic renewal is stopped. Upon termination, provisions that by their nature must survive (intellectual property, disclaimer of warranties, limitation of liability, indemnification, dispute resolution) shall remain in effect.

15. Force Majeure

The Company cannot be held liable for any delay or failure to perform resulting from events beyond its reasonable control, such as natural disasters, war, terrorism, epidemics, cyberattacks, infrastructure/third-party service outages, or decisions of public authorities.

16. Assignment, Severability, Waiver, and Entirety

You may not assign your rights under these Terms without the Company's written consent; the Company may assign its rights. The invalidity of any provision shall not affect the validity of the remaining provisions. The Company's failure to exercise a right shall not constitute a waiver of that right. These Terms and the policies referenced herein constitute the entire agreement between the parties.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Türkiye, subject to mandatory consumer provisions, and the Istanbul Anatolia Courts and Execution Offices have exclusive jurisdiction over any dispute arising from them. Before commencing any proceedings, the parties agree first to make reasonable efforts to reach a good-faith, amicable resolution.

For consumers resident in Türkiye and the EU, the rights afforded by the mandatory consumer-protection and data-protection legislation of their place of residence, as well as the right to apply to the competent consumer arbitration committee/courts, are reserved.

18. Notices and Amendments

The Company may give notices via the email registered to your account or within the Service. These Terms may be updated from time to time; material changes will be reasonably announced and the current version will be published on this page. Your continued use of the Service after changes take effect means that you accept the updated Terms.

For questions: support@whowsell.com.