Terms of Service

1. Agreement between User and https://ubuyfirst.com

Welcome to https://ubuyfirst.com. The https://ubuyfirst.com website (the “Site”) is comprised of various web pages operated by Harvest Mobile, LLC DBA uBuyFirst, LLC (“uBuyFirst”). https://ubuyfirst.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://ubuyfirst.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://ubuyfirst.com is a SaaS products provider and information website.

We offer information about our SaaS products and offer services including paid subscriptions for use with some of our products.

2. Data Security and Compliance

2.1. Data Protection Measures
We take reasonable and customary measures to protect the sensitive data of our users, including the use of encryption, secure servers, and regular security audits. However, we cannot guarantee the absolute security of your data. By using our services, you acknowledge and agree that uBuyFirst is not liable for any unauthorized access, hacking, data breaches, or other incidents that may compromise your data. Users are responsible for maintaining the security of their accounts and passwords.

2.2. Compliance with Data Protection Laws
uBuyFirst complies with applicable data protection regulations, including GDPR for users in the European Union and CCPA for users in California. We handle user data in accordance with our Privacy Policy and provide mechanisms for users to exercise their rights under these laws. Please refer to our Privacy Policy for more details.

3. Electronic Communications

Visiting https://ubuyfirst.com or sending emails to uBuyFirst constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

4. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that uBuyFirst is not responsible for third-party access to your account that results from theft or misappropriation of your account. uBuyFirst and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

5. Children Under Thirteen

uBuyFirst does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://ubuyfirst.com only with permission from a parent or guardian.

6. Cancellation/Refund Policy

If you’re not satisfied, you may cancel your subscription by clicking on the subscription details link in the original subscription confirmation email from FastSpring or by contacting us directly using the contact form on our website. We will refund subscription users’ first month’s charges in full if you contact us before your second billing cycle.

7. Links to Third-Party Sites/Third-Party Services

https://ubuyfirst.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of uBuyFirst, and uBuyFirst is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. uBuyFirst is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by uBuyFirst of the site or any association with its operators.

Certain services made available via https://ubuyfirst.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the https://ubuyfirst.com domain, you hereby acknowledge and consent that uBuyFirst may share such information and data with any third party with whom uBuyFirst has a contractual relationship to provide the requested product, service, or functionality on behalf of https://ubuyfirst.com users and customers.

8. “Commit-to-Buy” Feature with eBay OAuth Integration

8.1. Overview
The “Commit-to-Buy” feature available through the uBuyFirst platform allows users to purchase items directly within the app using eBay’s OAuth token. This feature is subject to a usage-based fee and is available only to users who opt in.

8.2. Fee Structure

A fee of 0.9% will be applied to the total purchase price of items purchased using the “Commit-to-Buy” feature within the app. For example, a $100 purchase will incur a $0.90 fee.
This fee applies only to purchases made directly through the app using the “Commit-to-Buy” feature. No fee will be charged for purchases completed through the browser.

8.3. Opt-In Requirement

To use the “Commit-to-Buy” feature, users must opt in by confirming their acceptance of these updated Terms of Service.
By opting in, the user’s license key(s) will be enabled to use the “Commit-to-Buy” feature within the app.

8.4. Opt-Out and Feature Deactivation

Users who do not opt in will have the “Commit-to-Buy” feature disabled. They will be able to complete purchases only through the browser, where no fee will be applied.
Once disabled, the “Commit-to-Buy” feature will remain inaccessible until the user contacts uBuyFirst support and opts back in.

8.5. License Key Management

Users opting in must confirm all license keys associated with their account if multiple keys are used. The “Commit-to-Buy” feature will be activated or deactivated based on the status of these license keys.

8.6. Monthly Reporting and Invoicing

At the end of each month, uBuyFirst will generate a report calculating all purchases made using the “Commit-to-Buy” feature that were successfully processed through eBay’s OAuth token.
An invoice and the accompanying report will be sent to users on the 5th of the following month. Payment is due by the 12th of that month.

8.7. Payment and Suspension of Service

Users are required to pay the invoice by the 12th of the month following its issuance. Failure to do so will result in the suspension of the “Commit-to-Buy” feature.
If the feature is suspended, it is the user’s responsibility to contact uBuyFirst support to resume the service once the outstanding balance is paid.

8.8. Returns and Refunds

The fee structure accounts for potential returns and refunds by setting the charge at 0.9% instead of the previous 1%. Users with high return rates may work with uBuyFirst support to establish a fair system during the initial months.
Requests for refunds of the fee due to unusual circumstances must be submitted before the end of the billing month and will be reviewed on a case-by-case basis.

8.9. Limitation of Liability

uBuyFirst is not liable for any loss or damage arising from the use of the “Commit-to-Buy” feature, including issues related to billing, refunds, or feature deactivation.

9. Uptime Guarantee

9.1. Service Availability
While we strive to maintain a high level of service availability, uBuyFirst does not guarantee uninterrupted access to the Site or its services. This includes, but is not limited to, the availability of search functionality, uptime, and other software features. Scheduled maintenance, updates, and other factors may occasionally result in temporary service outages, for which we shall not be held liable.

9.2. Limitations on Liability for Downtime
uBuyFirst is not responsible for any losses or damages incurred as a result of service interruptions, delays, or outages. Users acknowledge that the service is provided “as is” without any warranties regarding uptime or availability.

10. Billing and Payment Terms

10.1. Automatic Renewals
Subscription services are subject to automatic renewal unless canceled by the user prior to the renewal date. Users agree to pay all applicable fees associated with their subscription, which will be billed automatically according to the payment method on file.

10.2. Usage-Based Features
For features that are billed on a usage basis, such as the “Commit-to-Buy” feature, invoices will be issued manually or automatically, depending on the service, and payment is due as specified in the invoice terms.

10.3. Free Trials
uBuyFirst offers a 30-day free trial with unlimited access to the specified features, unless otherwise noted. The features available during the trial period are detailed on the Subscription Features page and the Trial Sign-Up page. Upon the expiration of the trial period, users will be automatically transitioned to a paid subscription unless canceled.

13. Termination and Account Closure

13.1. Termination by uBuyFirst
uBuyFirst reserves the right to terminate any user account at our sole discretion, without prior notice, if we detect suspicious activity, if the account poses a significant impact on our system, or for any other reason we deem necessary. Such termination may occur without the need for prior communication or explanation.

13.2. User Responsibility upon Termination
Upon termination, users must cease all access to and use of the service. Any outstanding balances or obligations owed to uBuyFirst must be settled immediately. uBuyFirst is not liable for any loss of data or access resulting

Contact Us

uBuyFirst welcomes your questions or comments regarding the Terms:

Harvest Mobile, LLC DBA uBuyFirst, LLC

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Port Saint Lucie, Florida 34952

Email Address:

support@ubuyfirst.com

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Updated August 23rd 2024