Terms of Service

1. Acceptance of Terms

Welcome to Bulktify. These Terms of Service ("Terms", "Agreement") govern your access to and use of the Bulktify platform, website, and services (collectively, the "Services").

By creating an account, accessing our platform, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our Services.

1.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into contracts on behalf of your business entity. By using our Services, you represent and warrant that you meet these requirements.

1.2 Business Use Only

Bulktify is a B2B (Business-to-Business) platform designed for wholesale businesses and their retail customers. Our Services are not intended for personal, consumer, or non-commercial use.

1.3 Agreement to Terms

These Terms constitute a legally binding agreement between you (the "User", "Customer", "you") and Bulktify ("we", "us", "our"). Your continued use of the Services constitutes ongoing acceptance of these Terms.

2. Service Description

Bulktify provides a cloud-based SaaS platform that enables wholesale businesses to manage their operations, including:

• Product catalog management with AI-powered descriptions and image generation
• Multi-tenant retailer customer management
• Order processing and fulfillment
• Inventory tracking and notifications
• Pricing and discount management
• Email marketing and transactional notifications
• Analytics and reporting
• Payment processing integration (via Stripe and/or AcceptBlue, depending on tenant configuration)

2.1 Subscription-Based Access

Access to our Services is provided on a subscription basis. You must maintain an active paid subscription to use the platform (excluding free trial periods).

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Services at any time with reasonable notice. We will provide at least 30 days' notice for material changes that negatively impact your use of the Services.

2.3 Marketing Email Requirements

If your subscription includes marketing email features, you must use a verified subdomain (e.g., send.yourdomain.com) for sending marketing emails. Root domains (yourdomain.com) are not permitted to protect your primary domain's email reputation and deliverability. You are responsible for:

• Providing a subdomain for marketing email purposes
• Configuring required DNS records for domain verification
• Maintaining subdomain DNS configuration throughout your subscription
• Compliance with anti-spam laws (CAN-SPAM, CASL) when using marketing features

3. Account Registration

3.1 Account Creation

To use our Services, you must create an account by providing accurate, complete, and current information, including:

• Business name and contact information
• Valid email address
• Payment method
• Business address and tax identification (if applicable)

3.2 Account Security

You are responsible for:

• Password Security: Maintaining the confidentiality of your account credentials
• Authorized Use: Ensuring all activity under your account is authorized by you
• Breach Notification: Notifying us immediately of any unauthorized access or security breaches

You agree to accept responsibility for all activities that occur under your account, whether or not authorized by you.

3.3 Account Sharing Prohibited

Your account is intended for use by your business entity only. You may not share your account credentials with third parties or allow others to access your account, except for employees and authorized users within your organization.

3.4 Accurate Information

You agree to keep your account information accurate and up-to-date. Providing false, misleading, or inaccurate information is grounds for account suspension or termination.

4. Subscription Plans & Billing

4.1 Subscription Plans

Bulktify offers multiple subscription tiers with varying features and usage limits. Current pricing and plan details are available on our Pricing Page.

4.2 Payment Terms

• Billing Frequency: Subscriptions are billed monthly or annually, depending on your selected plan
• Payment Method: All payments are processed securely via Stripe and/or AcceptBlue, depending on your payment configuration
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless canceled
• Currency: All prices are in USD unless otherwise specified

4.3 Free Trial

New customers may be eligible for a 14-day free trial. Credit card information is required to start a trial. If you do not cancel before the trial ends, you will be automatically charged for your selected subscription plan.

4.4 Price Changes

We reserve the right to change our pricing at any time. For existing customers, price changes will take effect at the start of your next billing cycle after 30 days' notice via email. If you do not agree to the price change, you may cancel your subscription.

4.5 Refund Policy

No Refunds: Subscription fees are non-refundable, except as required by law or at our sole discretion. If you cancel your subscription, you will retain access to the Services until the end of your current billing period, but no refund will be issued for unused time.

4.6 AI Credits

AI-powered features (product description generation, image creation) may require additional AI credits purchased separately. AI credits are:

• Non-refundable
• Non-transferable
• Valid for 12 months from purchase date
• Tied to your account (cannot be shared across accounts)

4.7 Late Payments

If payment fails, we will attempt to charge your payment method multiple times. If payment is not received within 7 days, your account may be suspended. Suspended accounts cannot access the Services until payment is received.

5. Acceptable Use Policy

You agree to use our Services in compliance with all applicable laws and these Terms. You must not:

5.1 Prohibited Activities

• Illegal Content: Upload, transmit, or distribute content that is illegal, fraudulent, defamatory, obscene, or violates intellectual property rights
• Spam & Abuse: Send unsolicited bulk emails (spam), engage in phishing, or abuse our email services
• System Interference: Attempt to hack, reverse-engineer, or disrupt our Services or infrastructure
• Unauthorized Access: Access or attempt to access other users' accounts or data
• Reselling: Resell, sublicense, or redistribute our Services without explicit written permission
• Malware: Introduce viruses, malware, or any malicious code
• Competitive Analysis: Use our Services to develop competing products or services
• Scraping: Use automated tools to scrape, crawl, or extract data from our platform

5.2 Fair Use of Resources

You agree to use our Services within reasonable limits. Excessive usage that impacts platform performance or other users may result in account limitations or additional charges.

5.3 Compliance with Laws

You are responsible for ensuring your use of our Services complies with all applicable laws, including but not limited to:

• Data protection regulations (GDPR, CCPA)
• Anti-spam laws (CAN-SPAM, CASL)
• Export control laws
• Tax regulations
• Consumer protection laws

5.4 Violation Consequences

Violations of this Acceptable Use Policy may result in:

• Warning and request to cease violating activity
• Temporary suspension of account access
• Permanent termination of account without refund
• Legal action and referral to law enforcement

6. Intellectual Property

6.1 Bulktify Ownership

All intellectual property rights in the Bulktify platform, including but not limited to software, code, designs, trademarks, logos, and documentation, are owned by Bulktify or our licensors. These Terms do not grant you ownership of any intellectual property rights.

6.2 Limited License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes only. This license terminates upon termination of your account or these Terms.

6.3 Restrictions

You may not:

• Copy, modify, or create derivative works of our Services
• Decompile, reverse-engineer, or disassemble our software
• Remove or obscure any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or brand without written permission

6.4 User Content Ownership

You retain all ownership rights to content you upload to our platform, including:

• Product descriptions and images
• Customer data
• Order information
• Business data

6.5 License to Use User Content

By uploading content to our platform, you grant Bulktify a limited, worldwide, non-exclusive license to use, store, reproduce, and transmit your content solely for the purpose of providing and improving our Services. This license terminates when you delete your content or close your account.

6.6 AI-Generated Content

Content generated using our AI features (product descriptions, images) is provided to you under the same license terms as other Bulktify Services. You are responsible for reviewing and ensuring accuracy of AI-generated content before use.

7. User Content & Data

7.1 Your Data Ownership

You retain full ownership of all business data, customer information, and content you input into our platform. We do not claim ownership of your data.

7.2 Data Usage by Bulktify

We may use aggregated, anonymized data derived from your usage for:

• Product development and improvement
• Industry research and benchmarking
• Marketing and promotional materials (no personally identifiable information)

7.3 Data Accuracy & Legality

You represent and warrant that:

• All data you upload is accurate, complete, and lawful
• You have the right to use and share all content you upload
• Your content does not violate any third-party rights or applicable laws
• You will comply with all data protection regulations (GDPR, CCPA) for your customers' data

7.4 Data Portability

You may export your data at any time from your account settings in standard formats (CSV, JSON). Upon account termination, you have 30 days to export your data before it is permanently deleted.

7.5 Data Security

While we implement industry-standard security measures to protect your data (see our Privacy Policy), you acknowledge that no system is 100% secure. You are responsible for maintaining backups of critical data.

8. Platform Availability & Service Level

8.1 Uptime SLA

We strive to maintain a 99.9% uptime for our Services, excluding scheduled maintenance and force majeure events. This SLA does not cover:

• Third-party service outages (Stripe, AcceptBlue, Firebase, Vercel)
• Issues caused by your actions or configurations
• Internet connectivity problems outside our control

8.2 No Absolute Guarantee

While we make commercially reasonable efforts to ensure reliability, we do not guarantee uninterrupted, error-free, or secure access to our Services. The Services are provided "AS IS" and "AS AVAILABLE".

8.3 Scheduled Maintenance

We will provide advance notice of scheduled maintenance that may impact service availability:

• Routine Maintenance: At least 24 hours' notice
• Major Upgrades: At least 7 days' notice
• Emergency Maintenance: As much notice as reasonably possible

8.4 Service Credits

If we fail to meet our 99.9% uptime SLA in any given month (excluding excluded events), you may be eligible for service credits equal to a prorated portion of your monthly subscription fee. To claim credits, you must submit a request within 30 days of the incident.

9. Limitation of Liability

9.1 AS IS Service

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 Disclaimer of Warranties

Bulktify does not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Defects will be corrected promptly
• The Services will meet your specific requirements
• Results from using the Services will be accurate or reliable
• AI-generated content will be accurate, complete, or suitable for your purposes

9.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BULKTIFY BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Cost of substitute services or products

9.4 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.5 Exceptions

The above limitations do not apply to liability arising from:

• Violations of intellectual property rights
• Fraud, gross negligence, willful misconduct, or recklessness by Bulktify
• Data breaches caused by failure to implement reasonable security measures
• Liability that cannot be excluded or limited by applicable law (including consumer protection statutes)

9.6 Basis of Bargain

You acknowledge that these limitations are fundamental elements of the agreement between you and Bulktify, and the Services would not be provided without such limitations.

10. Indemnification

You agree to indemnify, defend, and hold harmless Bulktify, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services
• Violation of these Terms or our Acceptable Use Policy
• Violation of any third-party rights, including intellectual property or privacy rights
• Content you upload or transmit through our Services
• Your breach of any representation or warranty in these Terms
• Any negligent or wrongful conduct by you or your employees

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

11. Termination

11.1 Termination by You

You may cancel your subscription at any time from your account settings. Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• No refund will be issued for the remaining time in your billing period
• You will lose access to the Services at the end of your billing period
• Your data will be retained for 30 days (grace period for reactivation), then permanently deleted

11.2 Termination by Bulktify

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails and is not resolved within 7 days
• You engage in fraudulent or illegal activity
• You pose a security risk to our platform or other users
• Required by law or government order

11.3 Notice Period

For non-severe violations, we will provide 30 days' notice before terminating your account, giving you an opportunity to cure the violation.

11.4 Immediate Termination

We reserve the right to terminate your account immediately without notice for:

• Severe violations (hacking, fraud, illegal content)
• Repeated violations after prior warnings
• Legal requirements

11.5 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• You remain liable for all charges incurred up to termination date
• Provisions that by their nature should survive (indemnification, limitations of liability, dispute resolution) will continue
• You must immediately cease using our trademarks and intellectual property

11.6 Data Retention After Termination

After termination, your data is retained for 30 days, during which you may request reactivation. After 30 days, all personal data is permanently deleted, except:

• Financial records (retained as required by applicable tax and accounting laws)
• Data required by law to retain

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles.

12.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@bulktify.com to attempt to resolve the dispute informally. We will make a good faith effort to resolve disputes within 30 days.

12.3 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Location: Arbitration will be conducted in New Jersey
• Language: English
• Arbitrator: Single arbitrator mutually agreed upon, or appointed by AAA
• Costs: Each party bears its own costs unless otherwise awarded by arbitrator

12.4 Class Action Waiver

YOU AND BULKTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.5 Exceptions to Arbitration

Either party may seek injunctive relief in court for:

• Intellectual property violations
• Confidentiality breaches
• Urgent matters requiring immediate action

12.6 Opt-Out of Arbitration

You may opt out of arbitration by sending written notice to support@bulktify.com within 30 days of account creation. If you opt out, disputes will be resolved in state or federal courts located in New Jersey.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. When we make changes:

13.1 Notification

• Email Notice: Sent to your registered email address at least 30 days before changes take effect
• Platform Notice: Prominent banner on your dashboard
• Updated "Last Updated" Date: At the top of this page

13.2 Acceptance of Changes

Continued use of our Services after the effective date of changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must cancel your subscription before the effective date.

13.3 Material Changes

For material changes that significantly impact your rights or obligations, we will provide prominent notice and may require explicit acceptance before you can continue using the Services.

14. Entire Agreement & Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Bulktify regarding your use of the Services, superseding any prior agreements.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14.6 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

15. Contact Information

If you have questions, concerns, or feedback regarding these Terms of Service, please contact us:

Effective Date: These Terms of Service are effective as of January 8, 2026.