Effective date: October 23, 2026
These Terms of Service (the "Terms") are a binding agreement between 90Twenty, LLC [confirm legal entity name and state of formation] ("90Twenty", "we", "us") and the company or other legal entity that creates or uses an account on the 90Twenty platform ("Customer", "you"). The person who accepts these Terms on behalf of a Customer represents that they are authorized to bind that Customer.
By clicking "I agree", by signing an Order Form that references these Terms, or by accessing or using the Service, you accept these Terms. If you do not agree, do not use the Service.
2.1 Eligibility. The Service is offered to businesses only. You must be a legal entity or an individual acting in a commercial capacity.
2.2 Account administration. You are responsible for everything that happens under your account, for keeping your Users' credentials confidential, and for promptly removing Users who leave your organization.
2.3 Security controls. We require two-step authentication for every User and may enforce password rules, idle sign-out, and other controls. You must not attempt to disable or circumvent them.
2.4 Accurate information. You must keep your company profile, billing contact, and legal information accurate and current.
3.1 Subscription license. Subject to these Terms and payment of the applicable fees, 90Twenty grants you a non-exclusive, non-transferable, revocable right during the subscription term to access and use the Modules enabled for your account, solely for your internal business operations.
3.2 Restrictions. You will not, and will not permit anyone to: (a) copy, modify, translate, or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or algorithms of the Service, except to the extent that applicable law expressly prohibits this restriction; (c) sell, resell, sublicense, rent, lease, or otherwise make the Service available to any third party, or operate it as a service bureau; (d) use the Service to build, train, or benchmark a competing product; (e) use automated means to scrape, crawl, or bulk-extract data from the Service other than through the export features we provide; (f) remove or obscure any proprietary notices; (g) use the Service to store or transmit malicious code, or to violate any law or any Third-Party Platform's terms; or (h) access the Service in order to monitor its availability, performance, or functionality for competitive purposes.
3.3 Usage limits. Order Forms may specify limits such as number of Users, companies, orders, listings, email sends, or API calls. We may suspend or throttle usage that exceeds those limits after notice.
4.1 Your business decisions. The Service automates and assists with inventory, pricing, listing, purchasing, shipping, accounting, outreach, and advertising, but you remain solely responsible for every business decision made with it, including the prices at which you list and sell, the quantities you publish, the accuracy of your accounting and tax filings, the content of your emails and advertisements, and what you ship to whom.
4.2 Review of automated output. Features such as repricing, quantity synchronization, auto-ordering, suggested bids, sourcing suggestions, drafted replies, and AI-generated content produce results that may be wrong, incomplete, or outdated. You agree to review automated output before relying on it and to configure floors, limits, and safeguards appropriate to your business.
4.3 Third-Party Platform compliance. You are responsible for complying with the terms, policies, and fees of every Third-Party Platform you connect, including seller performance standards, data protection policies, API usage rules, and advertising policies. You represent that you have the right to connect each account you connect, and that you own or are authorized to use the credentials and API keys you provide.
4.4 Lawful email and outreach. If you use outreach, sequence, or campaign features, you are the sender of every message. You are responsible for compliance with CAN-SPAM, CASL, GDPR, TCPA, and every other law governing commercial messaging, including honoring opt-outs and including a valid physical postal address.
4.5 Your data. You are responsible for the accuracy, legality, and rights to all Customer Data, and for obtaining any consents required to collect it and give it to us.
4.6 Backups and exports. We maintain backups of the Service as a whole for disaster recovery. You are responsible for exporting and keeping your own copies of any Customer Data you need to retain.
5.1 The Service depends on Third-Party Platforms that we do not control. We do not guarantee that any connector will remain available, that any Third-Party Platform will continue to permit the connection, or that a Third-Party Platform's data, prices, or API responses are accurate.
5.2 We are not responsible for any act or omission of a Third-Party Platform, including account suspension, listing removal, fee changes, policy changes, API changes, outages, data loss, or payment holds, even where it is caused in part by data sent through the Service.
5.3 Shipping rates, labels, freight quotes, tracking, and carrier services are provided by carriers and freight brokers under their own terms. Freight quotes are estimates until the carrier invoices. Claims for lost or damaged shipments are between you and the carrier.
5.4 AI-assisted features are provided through third-party model providers. Output is generated automatically and is not reviewed by a human before it reaches you.
6.1 Fees. You will pay the fees stated in your Order Form or in the Service's billing settings, including recurring Module fees, shipping wallet funding, markups on shipping and freight, and any usage-based charges.
6.2 Shipping wallet. Where you fund a shipping wallet, funds are credits toward labels and freight purchased through the Service. Credits are not a deposit account, earn no interest, and are refundable only as stated in your Order Form. Where 90Twenty extends net terms for wallet funding, amounts booked are due on the stated terms.
6.3 Billing and late payment. Fees are due as invoiced or charged. Amounts not paid within 15 days of the due date accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower, and we may suspend the Service after 10 days' written notice of non-payment.
6.4 Taxes. Fees exclude sales, use, VAT, and similar taxes. You are responsible for all such taxes other than taxes on our net income.
6.5 Fee changes. We may change fees for a renewal term by giving at least 30 days' notice before the renewal date.
6.6 No refunds. Except as expressly stated in these Terms or an Order Form, fees are non-refundable.
7.1 Ownership. As between you and 90Twenty, you own all Customer Data.
7.2 License to us. You grant 90Twenty a non-exclusive, worldwide license to host, copy, process, transmit, and display Customer Data solely to provide, secure, support, and improve the Service and as otherwise permitted by these Terms and our Privacy Policy.
7.3 Personal data. Where Customer Data includes personal information about your customers, vendors, or contacts, 90Twenty processes it as your service provider or processor under the Data Processing Agreement, which is incorporated into these Terms.
7.4 Marketplace buyer data. To comply with marketplace data protection policies, the Service automatically redacts marketplace buyer names and street addresses from orders a fixed period after shipment, while keeping the non-personal transaction data your accounting requires. You may not use marketplace buyer data for any purpose other than fulfilling and supporting the related orders.
7.5 Aggregated data. We may use data that is aggregated and de-identified so that it does not identify you, your Users, or any individual, to operate, benchmark, and improve the Service.
7.6 Export and deletion. During the term and for 30 days after termination, you may export Customer Data through the Service's export features. After that period, we may delete Customer Data from our active systems, and it will be removed from backups in the ordinary rotation.
8.1 90Twenty and its licensors own all right, title, and interest in the Service, including its software, source code, user interface, documentation, workflows, trademarks, and all improvements, together with all intellectual property rights in them. No rights are granted except as expressly stated in these Terms.
8.2 Feedback. If you give us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
8.3 Custom development. Unless a separate written agreement states otherwise, any features or modules 90Twenty builds at your request become part of the Service and are owned by 90Twenty, and may be offered to other customers.
Each party will protect the other's non-public business information that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information") with at least the care it uses for its own, and will use it only to perform under these Terms. Confidential Information excludes information that is public through no fault of the recipient, already known to the recipient, independently developed, or lawfully received from a third party. A party may disclose Confidential Information when required by law after giving reasonable notice where permitted. These obligations survive for three years after termination, and indefinitely for trade secrets and source code.
10.1 Mutual. Each party represents that it has the authority to enter into these Terms.
10.2 Service warranty. 90Twenty warrants that the Service will perform materially as described in its documentation. Your sole remedy for breach of this warranty is for us to use reasonable efforts to correct the non-conformity, and if we cannot do so within 30 days, you may terminate the affected Module and receive a pro-rated refund of prepaid fees for the remainder of the term.
10.3 DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN SECTION 10.2, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". 90TWENTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. 90TWENTY DOES NOT WARRANT THAT PRICES, QUANTITIES, TAX CALCULATIONS, ACCOUNTING ENTRIES, SHIPPING RATES, DRIVE TEST RESULTS, SOURCING SUGGESTIONS, LEAD DATA, ADVERTISING RESULTS, OR AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES, OR THAT USE OF THE SERVICE WILL RESULT IN ANY SALES, PROFITS, OR COMPLIANCE WITH ANY THIRD-PARTY PLATFORM.
11.1 EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, 90TWENTY AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, OR FOR ANY MARKETPLACE SUSPENSION, LISTING REMOVAL, FEE, PENALTY, CHARGEBACK, OVERSOLD OR UNDERPRICED ORDER, MISSED SHIPMENT, OR TAX LIABILITY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, 90TWENTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO 90TWENTY FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. SHIPPING WALLET FUNDS PASSED THROUGH TO CARRIERS ARE NOT "FEES" FOR THIS PURPOSE.
11.3 Basis of the bargain. The parties agree that these limitations are an essential basis of the bargain and will apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, in which case the limitations apply to the fullest extent permitted.
12.1 By you. You will defend, indemnify, and hold harmless 90Twenty and its members, officers, employees, and contractors from and against any claim, demand, loss, fine, penalty, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data; (b) your listings, sales, shipments, emails, advertisements, and other commercial conduct; (c) your or your Users' violation of these Terms, any law, or any Third-Party Platform's terms; or (d) any dispute between you and your customers, vendors, carriers, or a Third-Party Platform.
12.2 By us. 90Twenty will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes a United States patent, copyright, or trademark, and will pay the resulting damages and costs finally awarded or agreed in settlement. This obligation does not apply to claims arising from Customer Data, Third-Party Platforms, your modifications, or combinations with products we did not supply. If the Service is or may become subject to such a claim, we may modify it, procure a license, or terminate the affected Module and refund prepaid fees for the remainder of the term. This Section states our entire liability for infringement.
12.3 Procedure. The indemnified party will give prompt notice, allow the indemnifying party to control the defense and settlement (except that no settlement may impose obligations on the indemnified party without its consent), and provide reasonable cooperation.
13.1 Term. These Terms begin when you first accept them and continue for as long as you have an active account. Module subscriptions run for the term stated in the Order Form and renew automatically for the same period unless either party gives notice of non-renewal at least 30 days before the renewal date.
13.2 Suspension. We may suspend access to all or part of the Service immediately if we reasonably believe that your use threatens the security, integrity, or availability of the Service or any Third-Party Platform connection, violates law or these Terms, or if fees are overdue as described in Section 6.3. We will restore access once the issue is resolved.
13.3 Termination for cause. Either party may terminate these Terms on 30 days' written notice if the other party materially breaches them and fails to cure within that period, or immediately if the other party becomes insolvent or ceases business.
13.4 Termination for convenience. You may close your account at any time. Prepaid fees are not refunded. 90Twenty may discontinue a Module or the Service on at least 90 days' notice, with a pro-rated refund of prepaid fees for the discontinued period.
13.5 Effect. On termination, your right to use the Service ends, all unpaid fees become due, and Section 7.6 governs your data. Sections 3.2, 6, 7, 8, 9, 10.3, 11, 12, 13.5, 14, 15, and 16 survive.
14.1 We improve the Service continuously and may add, change, or remove features. We will not materially reduce the core functionality of a Module you have paid for during its current term.
14.2 We may update these Terms. We will post the updated version with a new effective date and require acceptance in the Service, and will give at least 30 days' notice of material changes by email or in-product notice. Continued use after the effective date constitutes acceptance. If you object to a material change, you may terminate the affected subscription before its effective date and receive a pro-rated refund of prepaid fees.
15.1 Governing law. These Terms are governed by the laws of the State of [State] [confirm with counsel], without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 Informal resolution. Before filing a claim, a party will give the other written notice of the dispute and the parties will try in good faith to resolve it within 30 days.
15.3 Arbitration. Any dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, in [County, State], in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring a claim in small claims court or seek injunctive relief in court to protect its intellectual property or Confidential Information.
15.4 CLASS ACTION WAIVER. EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
15.5 Time limit. Any claim arising out of these Terms must be brought within one year after it accrues, or it is permanently barred.
16.1 Entire agreement. These Terms, the Privacy Policy, the Data Processing Agreement, and any Order Form are the entire agreement between the parties about the Service and supersede all prior proposals and agreements. In a conflict, an Order Form controls over these Terms for the subject it addresses.
16.2 Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets that assumes these Terms in writing. We may assign these Terms to an affiliate or successor.
16.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of Third-Party Platforms, hosting providers, or carriers.
16.4 Independent contractors. The parties are independent contractors. No partnership, joint venture, agency, or fiduciary relationship is created.
16.5 Notices. Notices to 90Twenty go to legal@90twenty.com [confirm mailbox exists] and to the postal address below. Notices to you go to the billing contact on your account. Email notice is effective when sent.
16.6 Export and sanctions. You will not use the Service in violation of United States export control or sanctions laws.
16.7 Severability and waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. A waiver must be in writing and is not a continuing waiver.
16.8 Electronic acceptance. You agree that clicking "I agree" or using the Service is an electronic signature with the same effect as a handwritten signature, and that the acceptance record we keep (user, company, version, time, and network address) is the authoritative record of your acceptance.
90Twenty, LLC [confirm] [Street address] [City, State ZIP] legal@90twenty.com