Terms of Service | SideAcquire

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Marketplace Disclaimer

Our platform is an online marketplace that allows users to list, buy, and sell digital products, side projects, businesses, and digital assets. We are not a party to any transaction between buyers and sellers, are not a middleman, and do not act as an agent for either party. All transactions, communications, and agreements are conducted directly between buyers and sellers. We do not get involved in, mediate, or resolve any disputes or issues between users, and do not guarantee, endorse, or take responsibility for any aspect of any transaction, including but not limited to the quality, legality, delivery, or payment for any item or service. Buyers and sellers take full, complete, and sole responsibility for their transactions, interactions, and the information they share. By using the platform, you acknowledge and agree that we are not liable for any loss, damage, claim, or dispute arising from or related to any transaction, interaction, or information shared between users.

These Terms of Service (the "Terms") are a binding contract between you and our platform ("we", "us", and "our"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

We take the privacy of our users very seriously. For our current Privacy Policy, please click here.

The Children's Online Privacy Protection Act (COPPA) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us.

If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at hello@sideacquire.com.

What are the basics of using SideAcquire?

To buy or sell digital products on our marketplace, you'll need to create an account with a secure password and username. You must provide accurate, complete, and updated registration information. You may not use someone else's name or create accounts intended to impersonate others. Account transfers require our written permission.

You must be at least 18 years of age to create an account and conduct transactions on our marketplace. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts.

You may use the Services for legitimate commercial and personal purposes, including buying and selling digital products, in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including ours);
Violates any law or regulation, including any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services;
"Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content;
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the marketplace?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, without the prior consent of the owner of that Content or in a way that violates someone else's rights.

You understand that we own the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply – they do!

Do I have to grant any licenses to the marketplace or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission". Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.

Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant us a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant us the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a "Limited Audience User Submission"), then you grant us the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a "Public User Submission"), then you grant us the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all marketplace users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with our business for any purpose, provided that we will try to notify you if we use your Public User Submission for any reason other than displaying it on the Services.

Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from our records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that we, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Privacy and Protection of Personal Information

We value your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Services. The Privacy Policy explains how we treat your personal information and protect your privacy when you access and use the Services.

We may amend the Privacy Policy at any time in our sole discretion, effective upon posting the amended Privacy Policy where the prior version of the Privacy Policy was posted, or by communicating these changes through any written or other contact method we have established with you.

Your use of the Services following the date on which such amended Privacy Policy is published will constitute consent to such amendments to the extent they do not have retroactive applicability.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by us. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Will we ever change the Services?

We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.

We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.

Do our Services cost anything?

The marketplace Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

Product Listing and Approval Process

All product listings must be approved by our team before appearing on the marketplace. This approval process typically takes 24-48 hours, though some listings may require additional review time.

We reserve the right to approve or reject any product listing at our sole discretion, for any reason, including but not limited to compliance with these Terms, quality standards, or appropriateness for our platform. Reasons for rejection may include incomplete information, inappropriate content, or products that don't meet our marketplace standards.

Rejected listings may be resubmitted after addressing the issues identified in our rejection notice. We do not guarantee approval of resubmitted listings.

Once approved, products remain subject to ongoing review. We may remove or suspend listings that violate these Terms or if we receive reports of problems from users.

Product Information Accuracy

When listing a product for sale, you must provide accurate and complete information, including but not limited to:

Revenue figures, traffic statistics, and performance metrics
Technical specifications and requirements
Included assets, source code, and documentation
Current operational status and any known issues
Accurate pricing and terms of sale

Providing false or misleading information about your product may result in immediate listing removal and account suspension. We may request verification or proof of any claims made about your product.

Demo URLs, if provided, must be functional and accurately represent the current state of the product. Screenshots and media must be current and representative of the actual product.

Prohibited Content and Activities

You may not list, sell, or promote through our Services any of the following:

Illegal products, services, or activities under applicable laws
Stolen digital assets, copyrighted material without proper licensing, or pirated software
Products that infringe on intellectual property rights, patents, or trademarks
Fraudulent schemes, pyramid schemes, or multi-level marketing programs
Products primarily designed for adult content or pornography
Gambling applications or services where prohibited by law
Products that facilitate illegal activities or harm to others
Fake reviews, ratings, or misleading product information
Products with backdoors, malware, or security vulnerabilities
Non-functional or completely broken digital products
Products that violate data privacy laws or unlawfully collect personal information

We reserve the right to remove any listing that violates these guidelines or applicable laws, with or without notice. Repeated violations may result in permanent account suspension.

Content Moderation and Verification

We reserve the right, but have no obligation, to monitor, review, and moderate all content submitted to our platform. We may use automated tools, manual review, or community reporting to identify problematic content.

We may require users to verify their identity, provide additional documentation, or undergo enhanced verification procedures at our sole discretion. This may include requiring government-issued identification, proof of business registration, or verification of product ownership.

We reserve the right to remove content, suspend accounts, or take other actions without prior notice if we determine, in our sole discretion, that content or user behavior violates these Terms or applicable laws.

Users may appeal content removal decisions by contacting us at hello@sideacquire.com. We will review appeals in good faith but our decisions are final.

Intellectual Property

We respect intellectual property rights and expect our users to do the same. If you believe content on our platform infringes your intellectual property rights, please contact us at hello@sideacquire.com with detailed information about the alleged infringement.

We will investigate legitimate infringement claims and may remove content or suspend accounts that violate intellectual property rights. Repeat infringers may have their accounts permanently terminated.

Product Media and Content Rights

When uploading images, screenshots, or other media for your product listings, you represent and warrant that you own all rights to such content or have obtained proper licenses to use it. This includes:

Screenshots of your own applications or websites
Product logos and branding materials you created or own
Images licensed for commercial use with proper attribution
Media that does not infringe on any third-party copyrights or trademarks

You may not upload copyrighted material, trademarked logos, or other protected content without proper authorization. We may optimize, compress, or resize uploaded images for performance and display purposes.

All product descriptions, titles, and content must be original or properly attributed. Copying descriptions or content from other listings or websites is prohibited.

Platform Security and User Responsibility

Users are responsible for securing their accounts and maintaining the confidentiality of their login credentials. You must immediately notify us of any unauthorized access to your account.

When purchasing digital products, you assume all responsibility for:

Verifying the legitimacy and quality of products before purchase
Ensuring products meet your technical requirements
Backing up and securing any digital assets you receive
Complying with any licenses or usage terms associated with purchased products
Understanding that digital product sales are typically final

We strongly recommend conducting due diligence before any purchase, including requesting demos, reviewing provided documentation, and verifying seller credentials.

Featured Listings and Promotional Services

We offer optional paid promotional services that allow sellers to feature their product listings more prominently on our marketplace. Featured listings receive enhanced visibility, including priority placement in search results, special badges, and highlighted positioning on category pages.

Featured listing fees are non-refundable and must be paid in advance. The duration and pricing of featured promotions are subject to change at our discretion. Featured status does not guarantee sales, inquiries, or any specific level of exposure.

We reserve the right to remove featured status from listings that violate our terms or receive user complaints, without refunding promotional fees.

Our platform may also display advertisements from third-party partners. We are not responsible for the content or accuracy of third-party advertisements, and your interactions with advertisers are solely between you and the advertiser.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control, including but not limited to power outages, internet service interruptions, or government actions.

Data Collection and Privacy

We use cookies and similar technologies to operate our platform and improve user experience. By using our Services, you consent to our data collection practices as described in our Privacy Policy.

We collect information necessary to operate the marketplace, including account details, listing information, and usage analytics. EU users have rights under GDPR including data access, correction, and deletion. Contact us at hello@sideacquire.com to exercise these rights.

Tax and Legal Obligations

You are solely responsible for determining and paying all applicable taxes related to your transactions on our platform, including income tax, sales tax, VAT, and any other applicable taxes in your jurisdiction.

We do not provide tax or legal advice. You should consult with qualified professionals regarding your tax and legal obligations related to buying or selling on our platform.

Platform Availability and Maintenance

While we strive to maintain high availability, we do not guarantee that our Services will be available 100% of the time. We may need to suspend Services for maintenance, updates, or emergency repairs, and we reserve the right to do so with or without notice.

We are not liable for any losses, damages, or inconvenience caused by planned or unplanned service interruptions.

Account Suspension and Termination

We reserve the right to suspend or terminate your account immediately, with or without cause, with or without notice, for any reason including but not limited to:

Violation of these Terms of Service
Fraudulent, illegal, or harmful activity
Multiple user complaints or reports
Failure to respond to verification requests
Chargebacks or payment disputes
Inactive accounts (after 24 months of inactivity)

Upon termination, you will lose access to your account and any associated data. We may, but are not obligated to, provide you with an opportunity to retrieve your data before permanent deletion.

What if I want to stop using the marketplace?

You're free to do that at any time, by contacting us at hello@sideacquire.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of our platform.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer

Neither we nor our licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.

We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from us or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).

THE SERVICES AND CONTENT ARE PROVIDED BY US (AND OUR LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR OUR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

To the fullest extent allowed by applicable law, You agree to indemnify and hold us, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves as we see fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

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, so that these Terms shall otherwise remain in full force and effect and enforceable. You and we agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ours, and you do not have any authority of any kind to bind us in any respect whatsoever. You and we agree there are no third party beneficiaries intended under these Terms.

Disputes Between Users

We are not responsible for resolving disputes between users. All disputes, claims, or disagreements arising from transactions, communications, or interactions between buyers and sellers must be resolved solely between those parties. We do not mediate, arbitrate, or otherwise become involved in any user-to-user disputes, and you agree to release us from any and all claims, demands, and damages arising out of or in any way connected with such disputes.

Limitation of Liability

To the fullest extent permitted by law, we and our affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) your use or inability to use the platform; (ii) any transaction, communication, or interaction between users; (iii) any content or information provided by users; or (iv) any other matter relating to the platform. You acknowledge and agree that we are not liable for any aspect of any transaction between users, and that buyers and sellers assume all risks and responsibilities associated with their transactions.

Contact Information

For any questions regarding these Terms, please contact us at:

Email: hello@sideacquire.com