Terms of Service
Updated:
November 2026
uBuyFirst, LLC
participates in the eBay Partner Network. This means that we may earn a
commission when you click on links to eBay within our website, software, or
services and make a purchase. This does not affect the price you pay.
For full
details, please review our Affiliate Disclosure.
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.
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.
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.
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.
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.
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.
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.
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.
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.
•
A fee of 1% 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 $1.00 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.
•
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.
•
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.
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.
•
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 around the 5th of the following month. Payment is due 14 days after the invoice is issued.
•
Users are required to pay the invoice within 14 days of its issuance. Failure to do so will result in the
suspension of the “Commit-to-Buy” feature.
•
If the feature is suspended, it resumes automatically within minutes after the outstanding balance is paid. If it does not, contact uBuyFirst support.
•
If a user saves a card when paying an invoice, or adds one in the billing portal, future “Commit-to-Buy” usage invoices are charged to it automatically. The user can remove the card at any time in the billing portal and will then go back to paying invoices by hand.
•
The fee structure accounts for potential returns and
refunds. 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.
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.
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.
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.
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.
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.
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.
Each uBuyFirst
subscription includes one (1) active seat, permitting the software to actively
search on one computer at a time. The application may be installed on multiple
devices, but simultaneous searching is limited to the number of active seats
purchased.
Users requiring
simultaneous searching on multiple computers may purchase additional seats at
the prevailing monthly rate based on their subscription tier. Additional seats
are available for Elite and Enterprise subscriptions only.
uBuyFirst
monitors active searching instances through server validation. Attempting to
exceed your licensed seat count will result in a prompt to either disconnect an
active device or upgrade your subscription.
For users with
active subscriptions as of September 20, 2025, these limitations will take
effect on October 15, 2025. New users after September 20, 2025, are immediately
subject to these limitations.
Users are
prohibited from: attempting to circumvent seat limitations through technical
means; sharing licenses across multiple organizations without appropriate
seats; using virtual machines or other methods to bypass seat restrictions.
Users may
upgrade or downgrade their number of seats at any time through the subscription
management portal. Changes take effect immediately, with billing adjusted on a
prorated basis.
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.
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
from account termination.
[NEW] uBuyFirst
may offer features, tools, and services designated as “beta,” “experimental,”
or “preview” (“Beta Features”), including but not limited to SKU Manager,
AI-powered listing analysis, Internal Endpoint processing, and other features
in active development. This section governs your use of all such Beta Features.
Beta Features
are experimental, in active development, and have not been fully tested across
all use cases, product categories, or configurations. They may contain bugs,
errors, or defects, may not operate as intended, and may be modified or
discontinued at any time without prior notice. uBuyFirst is under no obligation
to continue developing, maintaining, supporting, or releasing a commercial
version of any Beta Feature.
Certain Beta
Features integrate with third-party artificial intelligence providers (such as
Google Gemini, OpenAI, and Anthropic Claude) to provide automated analysis of
eBay listings. You acknowledge and agree that:
•
No Guarantee of Accuracy. AI-generated analysis,
including buy/pass recommendations, model identification, condition
assessments, return eligibility determinations, profit calculations, and
confidence scores, may be inaccurate, incomplete, or misleading. The AI
analysis does not constitute professional purchasing, financial, or business
advice.
•
Your Sole Responsibility. Any purchasing,
bidding, or business decisions you make based on AI-generated analysis are made
entirely at your own risk. You should independently verify all AI-generated
information before making purchasing decisions. uBuyFirst is not responsible
for any losses, missed opportunities, incorrect purchases, or financial harm
resulting from reliance on AI-generated analysis.
You are
required to obtain and maintain your own API keys and accounts with your chosen
AI provider(s). You are solely responsible for all costs, fees, and charges
incurred through your use of third-party AI APIs. Your use of third-party AI
services is governed by the respective provider’s terms of service and privacy
policies. uBuyFirst is not responsible for the availability, performance,
accuracy, pricing, data handling, or any other aspect of third-party AI
services, nor for the security of your API keys.
Certain Beta
Features include an Internal Endpoint mode that enables CSV-based data
processing and Python code execution on your local machine for custom data
matching, inventory lookups, and programmatic analysis. You acknowledge and
agree that:
•
Local Code Execution Risks. Python code executed
through the Internal Endpoint runs locally on your computer and carries
inherent risks including system instability, data corruption, and unintended
file modifications.
•
User Data Responsibility. You are solely
responsible for the accuracy, integrity, and appropriateness of any CSV files,
spreadsheets, or data files you load into the Beta Service. Errors in your
source data will produce errors in analysis output.
•
No Code Warranty. Any scripts, code templates,
or processing logic provided by or generated through Beta Features are provided
“as is” without warranty. uBuyFirst is not liable for any damage, data loss, or
unintended consequences resulting from code execution, whether the code was
provided by uBuyFirst, generated by AI, or created by you.
•
No Backward Compatibility. The Internal
Endpoint, its Python runtime, supported libraries, and CSV processing
capabilities may change, break, or be discontinued without notice. uBuyFirst is
not responsible for maintaining backward compatibility with your existing
scripts, data files, or configurations.
ALL BETA FEATURES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. UBUYFIRST DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. UBUYFIRST DOES NOT WARRANT THAT
BETA FEATURES WILL MEET YOUR REQUIREMENTS, THAT AI ANALYSIS WILL BE ACCURATE,
OR THAT BETA FEATURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, UBUYFIRST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM BETA FEATURES,
INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, OR BUSINESS
OPPORTUNITIES; LOSS OF DATA OR BUSINESS INTERRUPTION; FINANCIAL LOSSES FROM
PURCHASING DECISIONS BASED ON AI ANALYSIS OR INTERNAL ENDPOINT PROCESSING;
MISSED PURCHASING OPPORTUNITIES; THIRD-PARTY AI API COSTS OR BILLING ERRORS;
SYSTEM DAMAGE OR DATA CORRUPTION FROM CODE EXECUTION; OR DAMAGES ARISING FROM
EBAY POLICY CHANGES. IN NO EVENT SHALL UBUYFIRST’S TOTAL LIABILITY FOR BETA
FEATURES EXCEED FIFTY DOLLARS ($50.00).
You agree to
indemnify, defend, and hold harmless uBuyFirst and its officers, directors,
employees, agents, and affiliates from and against any claims, damages, losses,
liabilities, costs, and expenses (including reasonable attorneys’ fees) arising
from: your use or misuse of Beta Features; your violation of these Terms or any
third-party terms; purchasing or business decisions based on AI analysis;
unauthorized use of your API keys; data you provide or process through Beta
Features; or your breach of the confidentiality obligations in Section 14.
Use of specific
Beta Features may be subject to additional terms and conditions presented upon
feature activation. Such additional terms supplement these Terms of Service
and, in the event of conflict regarding the specific Beta Feature, the
additional terms shall control.
[NEW] You
acknowledge that Beta Features, including their functionality, user interface,
technical architecture, AI integration methods, prompts, templates, Internal
Endpoint capabilities, performance data, and all related documentation
constitute confidential and proprietary information of uBuyFirst (“Confidential
Information”).
You shall not
disclose, publish, share, screenshot, screen-record, or otherwise make
available any Confidential Information to any third party without the prior
written consent of uBuyFirst. This restriction includes but is not limited to
disclosure through social media, industry forums, blogs, podcasts, video
channels, review sites, or any other public or semi-public medium.
You may discuss
Beta Features with other authorized beta participants who have also agreed to
these Terms, solely for the purpose of mutual support, troubleshooting, and
providing feedback to uBuyFirst.
You shall not
publish reviews, benchmarks, comparisons, testimonials, or any public
commentary about Beta Features without uBuyFirst’s prior written approval. This
restriction applies during the beta period and for twelve (12) months following
termination of your access or until the feature is publicly released, whichever
occurs first.
You acknowledge
that unauthorized disclosure of Confidential Information would cause
irreparable harm to uBuyFirst for which monetary damages would be insufficient.
uBuyFirst shall be entitled to seek injunctive relief in addition to any other
remedies available at law or in equity.
The obligations
set forth in this Section 14 shall survive any termination of your account,
access, or these Terms of Service.
uBuyFirst
welcomes your questions or comments regarding the Terms:
Harvest
Mobile, LLC DBA uBuyFirst, LLC
Port Saint
Lucie, Florida 34952
Email:
su*****@*******st.com
Updated
November 2026
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