Welcome to Unflagged. Please read these Terms of Service ("Terms") carefully before using our website and services.
By accessing or using Unflagged, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our service.
1. Service Description
Unflagged provides a trademark scanning tool designed to help e-commerce sellers identify potentially trademarked terms in their product listings. Our service scans text you provide and flags terms that may be trademarked based on our database.
What we do:
- Scan listing text you submit
- Flag potentially trademarked terms from our database
- Provide general information about trademark risks
- Suggest alternative phrasing
What we do NOT do:
- Provide legal advice
- Guarantee compliance with any platform's policies
- Guarantee protection from listing removals, suspensions, or legal action
- Act as your attorney or legal representative
2. No Legal Advice Disclaimer
THIS IS IMPORTANT. PLEASE READ CAREFULLY.
Unflagged is an informational tool, not a legal service. Nothing on this website or in our service constitutes legal advice.
Our trademark scanning tool is based on publicly available information and our own research. It is not comprehensive, may not be current, and should not be relied upon as a substitute for professional legal counsel.
We are not lawyers. We are not your lawyers. Using our service does not create an attorney-client relationship.
If you need legal advice about trademarks, intellectual property, or compliance with any platform's terms of service, consult a licensed attorney in your jurisdiction.
3. No Guarantees
WE MAKE NO GUARANTEES THAT:
- Our database contains all trademarked terms
- Our database is current or accurate
- Using our service will prevent listing removals
- Using our service will prevent account suspensions
- Using our service will prevent legal action against you
- Following our suggestions will make your listings compliant
- Any specific term is or is not trademarked
- Any specific use of a term will or will not result in enforcement action
Trademark law is complex. Enforcement varies by jurisdiction, context, and the discretion of trademark holders. A term that goes unenforced today may be enforced tomorrow. A term not in our database may still be trademarked.
Our service is a tool to assist your own decision-making. It is not a guarantee of any outcome.
4. Assumption of Risk
By using Unflagged, you acknowledge and agree that:
- You are solely responsible for your listings. You, not Unflagged, are responsible for the content you post on Etsy or any other platform.
- You assume all risk. Any decision to post, modify, or remove a listing is your decision. You assume all risk associated with those decisions.
- Platform policies vary. Etsy, Amazon, and other platforms have their own policies that may differ from trademark law. Compliance with one does not guarantee compliance with the other.
- Enforcement is unpredictable. Trademark holders enforce their rights at their own discretion. A term may go unenforced for years and then suddenly be enforced. We cannot predict enforcement actions.
- Our tool has limitations. No automated tool can catch every potential issue. Human judgment is required. When in doubt, consult an attorney.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Unflagged, its owners, operators, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits or revenue
- Loss of sales
- Loss of business
- Loss of goodwill
- Listing removals
- Account suspensions or terminations
- Legal fees or costs
- Any other damages arising from your use of our service
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
In no event shall our total liability to you exceed the amount you paid us in the twelve (12) months preceding the claim.
6. Indemnification
You agree to defend, indemnify, and hold harmless Unflagged, its owners, operators, employees, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:
- Your use of the service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Your listings or other content you create
- Any claim that your listings caused damage to a third party
7. Your Responsibilities
When using Unflagged, you agree to:
- Provide accurate information. Don't misrepresent your listings or business.
- Use the service lawfully. Don't use our service to facilitate illegal activity.
- Exercise your own judgment. Our tool is an aid, not a replacement for your decision-making.
- Seek legal advice when needed. If you're uncertain about a legal issue, consult an attorney.
- Accept responsibility for your actions. Your listings are your responsibility.
8. Intellectual Property
Our service, including our website, software, database, and content, is protected by copyright, trademark, and other intellectual property laws.
You may not:
- Copy, modify, or distribute our software
- Scrape or harvest our database
- Reverse engineer our service
- Use our trademarks without permission
9. Subscription and Payment
If you subscribe to a paid plan:
- Billing. You authorize us to charge your payment method on a recurring basis.
- Cancellation. You may cancel at any time. Cancellation takes effect at the end of your current billing period.
- Refunds. Refunds are provided at our discretion. We generally do not provide refunds for partial billing periods.
- Price changes. We may change our prices with notice. Continued use after a price change constitutes acceptance.
10. Termination
We may terminate or suspend your access to our service immediately, without prior notice, for any reason, including if you breach these Terms.
Upon termination, your right to use the service ceases immediately.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We disclaim all warranties, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of information
- Availability or uptime
- Security
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the service shall be resolved in the courts of Sweden.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date.
Your continued use of the service after changes constitutes acceptance of the modified Terms.
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms constitute the entire agreement between you and Unflagged regarding your use of the service, superseding any prior agreements.
16. Contact Us
If you have questions about these Terms, contact us at:
Email: legal@unflagged.io
By using Unflagged, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.