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Terms of Service

Effective March 15, 2026 · Last updated March 15, 2026

Operator: MSCLTHRU Unlimited ("Company," "we," "us," or "our")
Contact: legal@getscoutsy.com

Table of Contents

  1. Acceptance of Terms
  2. Description of Service
  3. Eligibility and Account Registration
  4. Subscription Tiers and Fees
  5. Cross-Posting to External Platforms
  6. Marketplace Seller Agreement
  7. Buyer Protection Policy
  8. ThriftWish Reverse Marketplace
  9. Prohibited Items Policy
  10. Shipping and Liability Disclaimer
  11. Local Meetup Transactions
  12. DMCA Takedown Policy
  13. Photo and Content Policies
  14. Intellectual Property
  15. AI-Generated Content
  16. Payment Processing and Escrow
  17. User Conduct and Prohibited Activities
  18. Account Suspension and Termination
  19. Limitation of Liability
  20. Indemnification
  21. Dispute Resolution and Binding Arbitration
  22. Privacy
  23. Modifications to Terms
  24. General Provisions
  25. Contact Information

1. Acceptance of Terms

By downloading, installing, accessing, or using the Scoutsy mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"), including the Marketplace Seller Agreement, Buyer Protection Policy, Prohibited Items Policy, Shipping and Liability Disclaimer, and DMCA Takedown Policy incorporated herein. If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and MSCLTHRU Unlimited, the operator of Scoutsy. You must accept these Terms before creating an account or conducting any transactions through the App.

Your continued use of the App following the posting of any changes to these Terms constitutes acceptance of those changes. We will notify you of material changes via in-app notification or email at least thirty (30) days before the changes take effect.


2. Description of Service

2.1 Platform Purpose

Scoutsy is a software platform only. Scoutsy provides AI-powered tools for cross-listing resale items across multiple third-party marketplaces and operates a peer-to-peer marketplace called ThriftWish. Scoutsy does not manufacture, store, inspect, handle, or ship any inventory. Scoutsy is not a party to any transaction between buyers and sellers.

2.2 Core Features

  • AI Listing Generation: Photograph an item and receive AI-generated listing titles, descriptions, pricing guidance, and condition assessments.
  • Cross-Posting: Post listings to up to twelve (12) third-party platforms from within the App, including seven (7) Auto-Post platforms with direct API integration and five (5) Assisted platforms with formatted copy-paste output.
  • ThriftWish Reverse Marketplace: A peer-to-peer marketplace where buyers post "wishes" (bounties) for items they want, and hunters (sellers/thrifters) find and propose matching items.
  • Scout Mode: An AI-powered scanning tool that identifies items, provides resale price estimates from historical sales data, and matches items to open ThriftWish bounties.
  • Escrow and Payment Processing: Stripe Connect-based payment facilitation for ThriftWish transactions.
  • Shipping Label Generation: Shipping labels generated through Shippo for ThriftWish transactions.

2.3 Auto-Post Platforms (API Integration)

The following platforms support direct listing via API: eBay, Etsy, TikTok Shop, Shopify, BigCommerce, WooCommerce, and Whatnot (Buy It Now listings only; no live auction support).

2.4 Assisted Platforms (Copy-Paste)

The following platforms are supported through formatted text, cleaned photos, and step-by-step posting checklists: Poshmark, Mercari, Depop, Facebook Marketplace, and OfferUp. Scoutsy does not access or control your accounts on these platforms.

2.5 No Scoutsy Fee on Cross-Posting

Cross-posting listings to any external platform (whether Auto-Post or Assisted) carries zero Scoutsy transaction fees. External platforms may charge their own seller fees, which are governed by those platforms' terms and are not within Scoutsy's control.


3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, to create an account and use the App. By creating an account, you represent and warrant that you meet this requirement.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us at legal@getscoutsy.com if you become aware of any unauthorized use of your account.

3.3 One Account Per Person

Each individual may maintain only one (1) Scoutsy account. Operating multiple accounts to circumvent listing limits, fee structures, suspension, or enforcement actions is grounds for immediate termination of all associated accounts.

3.4 Third-Party Platform Accounts

To use Auto-Post or Assisted features, you must independently hold valid accounts on the respective third-party platforms. Scoutsy is not responsible for the status, standing, suspension, or termination of your accounts on any third-party platform. You are solely responsible for complying with each platform's terms of service.


4. Subscription Tiers and Fees

4.1 Tier Structure

Feature Free ($0/mo) Pro ($13.99/mo) Icon ($14.99 or $19.99/mo)
Active cross-post listings3 at a timeUnlimitedUnlimited
Auto-Post platforms3 of 7All 7All 7
Assisted platformsAll 5All 5 + CSVAll 5 + CSV
AI listing generationYes (limited)UnlimitedUnlimited
Scout Mode scans5/dayUnlimitedUnlimited
ThriftWish seller fee7%3.75%0%
ThriftWish buyer fee5%3%0%

4.2 Icon Early Bird Pricing

The first five hundred (500) users who subscribe to the Icon tier receive a locked rate of $14.99 per month for the lifetime of their continuous subscription ("Founding Icon" rate). After five hundred Founding Icon slots are filled, new Icon subscriptions are $19.99 per month. The Founding Icon rate is forfeited if the subscription is canceled or lapses for any reason.

4.3 Subscription Management

Subscriptions are managed through Apple App Store or Google Play Store via RevenueCat. Billing, renewals, cancellations, and refunds for subscription fees are governed by the policies of the applicable app store. Scoutsy does not process subscription payments directly. By subscribing, you authorize recurring charges at the applicable rate until you cancel.

4.4 ThriftWish Transaction Fees

Fees on ThriftWish peer-to-peer transactions are tier-based, as shown in Section 4.1. The seller fee is deducted from the sale price before payout. The buyer fee is added to the sale price at checkout. Both fees are determined by the respective party's active subscription tier at the time of the transaction. Cross-posting to external platforms incurs zero Scoutsy transaction fees.

4.5 No Hidden Fees

Scoutsy does not charge listing fees, final value fees, or transaction fees on any sale made through cross-posted listings on external platforms. The only fees Scoutsy charges are: (a) subscription fees (if applicable), (b) ThriftWish transaction fees (as described above), and (c) optional digital cosmetic purchases (Kabi avatar packs, $0.99 to $2.99).


5. Cross-Posting to External Platforms

5.1 Platform Terms Compliance

When you cross-post listings to external platforms through Scoutsy, you are responsible for ensuring your listings comply with each platform's terms of service, policies, prohibited items lists, and applicable laws. Scoutsy transmits your listing data to external platforms on your behalf but does not guarantee acceptance, visibility, or compliance of your listings on any external platform.

5.2 No Liability for External Transactions

Transactions that occur on external platforms are governed entirely by those platforms' terms and buyer/seller protection programs. Scoutsy bears no responsibility or liability for disputes, refunds, chargebacks, items not received, items not as described, or any other claims arising from transactions on external platforms. Your sole remedy for external platform disputes is through the applicable external platform.

5.3 OAuth and API Access

When you connect your external platform accounts to Scoutsy via OAuth or API credentials, you grant Scoutsy permission to create, update, and manage listings on your behalf within those platforms. You may revoke this access at any time through the connected platform's settings or through the Scoutsy App. Revoking access will prevent Scoutsy from managing listings on the disconnected platform but will not affect listings already posted.

5.4 Whatnot Limitation

Scoutsy supports Whatnot for Buy It Now (BIN) listings only. Scoutsy does not support, facilitate, or integrate with Whatnot live auction features.


6. Marketplace Seller Agreement

This Marketplace Seller Agreement ("Seller Agreement") governs your use of Scoutsy as a seller on the ThriftWish marketplace. By listing items for sale or responding to ThriftWish bounties, you agree to the following terms in addition to all other provisions of these Terms.

6.1 Seller Obligations

As a seller on the ThriftWish marketplace, you agree to:

  • (a) Listing Accuracy. Provide truthful, accurate, and complete descriptions of all items, including brand, condition, size, color, defects, flaws, stains, repairs, modifications, and any other material information that would affect a buyer's purchasing decision.
  • (b) Authentic Items Only. Sell only genuine, authentic items. The sale of counterfeit, replica, or knock-off items is strictly prohibited.
  • (c) First Sale Doctrine. Under the First Sale Doctrine (17 U.S.C. Section 109), the resale of genuine, lawfully acquired items is legal. However, this doctrine does not protect the sale of counterfeit items.
  • (d) Timely Shipping. Ship all items within three (3) business days of payment confirmation, in accordance with the FTC Mail Order Rule (16 CFR Part 435).
  • (e) Proper Packaging. Package items in a manner reasonably calculated to prevent damage during transit.
  • (f) Use Scoutsy-Generated Shipping Labels Only. For all ThriftWish transactions involving shipping, you must use shipping labels generated through the Scoutsy App (powered by Shippo).
  • (g) Prohibited Items Compliance. You agree to review and comply with the Prohibited Items Policy (Section 9) prior to listing any item.

6.2 Counterfeit Policy and Three-Strikes Rule

  • First Offense: The listing is removed. The seller receives a written warning via in-app notification and email.
  • Second Offense: The listing is removed. The seller's account is suspended for fourteen (14) calendar days.
  • Third Offense: The seller's account is permanently terminated. All pending payouts are held for review.

Scoutsy reserves the right to bypass the three-strikes process and immediately terminate accounts in cases of egregious or willful counterfeiting.

6.3 Seller Payouts

Seller payouts for ThriftWish transactions are processed through Stripe Connect. Funds are released after the buyer confirms receipt or after the 48-hour dispute window closes without a dispute being filed, minus applicable ThriftWish seller fees.

6.4 Taxes

You are solely responsible for determining and fulfilling all tax obligations arising from your sales, including but not limited to income tax, sales tax, use tax, and value-added tax. Scoutsy may issue IRS Form 1099-K as required by federal law for sellers meeting applicable reporting thresholds.


7. Buyer Protection Policy

This Buyer Protection Policy governs purchases made through the ThriftWish marketplace within the Scoutsy App. This policy does not apply to transactions on external platforms (see Section 5.2).

7.1 Escrow Protection

All ThriftWish purchases are protected by Stripe Connect escrow. When you pay for an item, your funds are held by Stripe and are not released to the seller until delivery is confirmed and the dispute window has closed without an active dispute.

7.2 The 48-Hour Dispute Window

After a carrier confirms delivery (or after both parties complete a mutual QR check-in for local meetup transactions), a 48-hour dispute window begins. During this window, you may file a dispute if the item is not as described.

To file a dispute, you must:

  • (a) Submit the dispute through the Scoutsy App within 48 hours of confirmed delivery.
  • (b) Provide photographic evidence clearly showing the discrepancy.
  • (c) Provide a written description of the issue.

If no dispute is filed within 48 hours of confirmed delivery, the transaction is considered complete, and funds are automatically released to the seller. This release is final and cannot be reversed by Scoutsy.

7.3 Item Not Received (INR) Claims

  • (a) Tracking Required. Every ThriftWish shipment must include tracking.
  • (b) Tracking Shows Delivered. If tracking confirms delivery but you did not receive the item, your recourse is with the shipping carrier or your local postal service.
  • (c) Tracking Does Not Show Delivery. If the seller cannot provide valid tracking showing delivery, Scoutsy will release escrowed funds back to the buyer.
  • (d) Signature Confirmation. Signature confirmation is automatically required on items with a sale price exceeding $75.00.

7.4 "Not as Described" Disputes

Possible outcomes:

  • Full refund to buyer if the item is materially different from the listing.
  • Partial refund if the discrepancy is minor and both parties agree.
  • No refund (dispute denied) if the item reasonably matches the listing description.

Scoutsy's determination on disputes is final and binding within the ThriftWish marketplace, subject to the arbitration provisions in Section 21.

7.5 Dispute Resolution Timeline

Scoutsy aims to resolve all disputes within seven (7) calendar days. During the dispute period, funds remain in escrow.

7.6 Limitations of Buyer Protection

Buyer protection does not apply to:

  • Transactions on external platforms.
  • Items where the 48-hour dispute window has expired.
  • Buyer's remorse, change of mind, or subjective dissatisfaction.
  • Normal variations in color, texture, or appearance.
  • Items damaged by the buyer after receipt.
  • Disputes filed after the 48-hour window has closed.

8. ThriftWish Reverse Marketplace

8.1 How ThriftWish Works

ThriftWish is a reverse marketplace where buyers post wishes (bounties) describing items they want, including inspiration photos, budget ranges, preferred sizes, conditions, and geographic radius. Hunters browse active wishes and propose matches by photographing items they find.

8.2 Wish Creation

Buyers may create wishes specifying desired items. A wish is not an obligation to purchase. Buyers may decline any proposed match at their sole discretion.

8.3 Match Proposals

Hunters may submit match proposals by providing photos of found items, a proposed price, and any relevant details. Submitting a match proposal does not guarantee a sale.

8.4 AI Match Scoring

Scoutsy uses artificial intelligence to generate a similarity score between wish inspiration photos and hunter-submitted item photos. This score is provided for informational purposes only and does not constitute a guarantee of item accuracy, authenticity, condition, or suitability.

8.5 Transaction Completion

When a buyer accepts a match proposal (or a counter-offer is accepted), a binding transaction is created. The buyer is charged the sale price plus applicable fees and shipping costs.

8.6 Scout Mode

Scout Mode allows users to photograph items and receive AI-generated identification, estimated resale values based on historical sales data, and matches to open ThriftWish bounties. Price estimates are for informational guidance only. Scoutsy does not guarantee the accuracy of any price estimate.


9. Prohibited Items Policy

This Prohibited Items Policy is required by Stripe Connect and applies to all items listed on the ThriftWish marketplace and all items cross-posted through the Scoutsy App.

9.1 Absolutely Prohibited Items

The following items may never be listed, sold, or facilitated through Scoutsy:

  • (a) Counterfeit and Replica Goods. Items bearing trademarks or branding of another party without authorization.
  • (b) Stolen Property.
  • (c) Weapons and Ammunition. Firearms, firearm parts, ammunition, explosives, and prohibited weapons.
  • (d) Drugs and Drug Paraphernalia. Controlled substances, illegal drugs, prescription medications.
  • (e) Tobacco and Nicotine Products.
  • (f) Alcohol. Unless the seller holds all applicable licenses.
  • (g) Hazardous Materials.
  • (h) Human Remains and Body Parts.
  • (i) Live Animals and Protected Wildlife Products.
  • (j) Child Exploitation Material. Violations will be reported to NCMEC and law enforcement.
  • (k) Items That Promote Hate or Violence.
  • (l) Recalled Products.
  • (m) Financial Instruments and Currency.
  • (n) Government and Law Enforcement Equipment.
  • (o) Surveillance Equipment.
  • (p) Medical Devices Requiring Prescription.

9.2 Restricted Items

  • (a) Food and Beverages. Commercially packaged, non-perishable only.
  • (b) Cosmetics and Skincare. Unused, sealed products only.
  • (c) Car Seats and Child Safety Equipment. Must not be expired, recalled, or previously in an accident.
  • (d) Batteries. Only when included as part of an electronic device.
  • (e) Vintage or Antique Items Containing Lead Paint. Must be clearly disclosed.

9.3 Seller Acknowledgment

At seller onboarding, you are required to review and accept this Prohibited Items Policy. Your acceptance is timestamped and recorded. Listing a prohibited item transfers full legal liability to you.

9.4 Reporting Prohibited Items

Any user may report a listing suspected of violating this policy by using the in-app reporting feature. Scoutsy will review reports within 48 hours.


10. Shipping and Liability Disclaimer

10.1 Scoutsy Does Not Ship Items

Scoutsy is a software platform. Scoutsy does not physically handle, package, store, inspect, or ship any items.

10.2 Shipping Label Generation

Scoutsy facilitates the generation of shipping labels through its integration with Shippo. The shipping contract is between the seller and the carrier.

10.3 Carrier Liability

Scoutsy is not liable for:

  • (a) Delays in delivery caused by the carrier, weather, or other factors outside Scoutsy's control.
  • (b) Damage to items during transit.
  • (c) Loss of items during transit.
  • (d) Incorrect delivery by the carrier.
  • (e) Theft of items after carrier confirms delivery.
  • (f) Carrier service disruptions, strikes, or operational failures.

The seller and buyer acknowledge that their sole recourse for carrier-related issues is with the shipping carrier directly.

10.4 Seller Shipping Obligations

  • (a) FTC Mail Order Rule Compliance. Ship within three (3) business days.
  • (b) Accurate Weight and Dimensions.
  • (c) Tracking Updates. All ThriftWish shipments must include tracking.

10.5 Signature Confirmation

Signature confirmation is automatically required for items with a sale price exceeding $75.00.

10.6 Shipping Insurance

Scoutsy does not provide shipping insurance. Sellers are encouraged to purchase carrier-provided shipping insurance for high-value items.

10.7 International Shipping

Scoutsy does not currently support international shipping for ThriftWish transactions. All ThriftWish shipments must originate from and be delivered to addresses within the United States.


11. Local Meetup Transactions

11.1 Meetup Option

For ThriftWish transactions, buyers and sellers within the same geographic area may opt for a local meetup instead of shipping.

11.2 Safety Precautions

Scoutsy provides: a safe zone map, time slot coordination, a buddy safety toggle, and QR-based mutual check-in for payment confirmation.

Scoutsy strongly recommends that all meetups occur in public, well-lit locations during daylight hours, and that users bring a companion.

11.3 Meetup Liability Disclaimer

Scoutsy does not attend, supervise, monitor, or control local meetups. You participate in local meetups entirely at your own risk. Scoutsy is not liable for any personal injury, property damage, theft, assault, fraud, or any other harm that occurs during, as a result of, or in connection with a local meetup.

11.4 Meetup Payment

Funds for meetup transactions are held in escrow and released only after both parties complete a mutual QR-based check-in. Cash transactions are not supported for ThriftWish orders.


12. DMCA Takedown Policy

12.1 Designated DMCA Agent

DMCA Agent: MSCLTHRU Unlimited
Email: legal@getscoutsy.com

12.2 Filing a DMCA Takedown Notice

Your notice must include:

  • (a) A physical or electronic signature of the copyright owner or authorized agent.
  • (b) Identification of the copyrighted work claimed to have been infringed.
  • (c) Identification of the infringing material and its location.
  • (d) Your contact information.
  • (e) A good-faith belief statement.
  • (f) A statement under penalty of perjury that the information is accurate.

12.3 Scoutsy's Response

Upon receipt of a valid notice, Scoutsy will promptly remove the material (typically within 24-48 hours), notify the user, and inform them of their right to submit a counter-notification.

12.4 Counter-Notification Process

If you believe your content was removed in error, you may submit a counter-notification including your signature, identification of removed material, a good-faith belief statement under penalty of perjury, and consent to jurisdiction.

12.5 Restoration of Content

Content will be restored between ten (10) and fourteen (14) business days after receipt of counter-notification, unless the claimant files a court action.

12.6 Repeat Infringer Policy

  • First DMCA takedown: Content removed; written warning.
  • Second DMCA takedown: Content removed; 14-day account suspension.
  • Third DMCA takedown: Account permanently terminated.

12.7 Safe Harbor

Scoutsy qualifies for safe harbor protection under Section 512(c) of the DMCA as a service provider that stores user-generated content at the direction of users.

12.8 Misrepresentation Warning

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be liable for damages, including attorneys' fees. The First Sale Doctrine permits the resale of genuine, lawfully acquired items.


13. Photo and Content Policies

13.1 Primary Photo Requirement

The primary (first) listing photo must be taken using the Scoutsy in-app camera to ensure photo authenticity and provenance.

13.2 Photo Metadata

Scoutsy records a timestamp and device identifier for each photo taken through the in-app camera.

13.3 Additional Photos

After the primary photo, additional photos may be uploaded from the camera roll or taken in-app.

13.4 Photo Ownership

You retain ownership of all photos you take and upload. By uploading photos to Scoutsy, you grant Scoutsy a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your photos in connection with the operation of the App.

13.5 AI Duplicate Detection

Scoutsy may use AI-powered image analysis to detect duplicate or stolen photos across the platform.


14. Intellectual Property

14.1 Scoutsy Intellectual Property

The Scoutsy name, logo, Kabi mascot character and all variations, visual design elements, proprietary algorithms, AI models, and all other intellectual property are the exclusive property of MSCLTHRU Unlimited or its licensors.

14.2 User-Generated Content

You retain ownership of the content you create and upload, subject to the license granted in Section 13.4.

14.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by Scoutsy without restriction, attribution, or compensation.


15. AI-Generated Content

15.1 Nature of AI Content

AI-generated content is provided as a starting point and suggestion. You are solely responsible for reviewing and ensuring the accuracy of all AI-generated content before publishing.

15.2 No Warranty on AI Accuracy

Scoutsy does not warrant the accuracy, completeness, or reliability of any AI-generated content. AI may produce errors, hallucinations, or inaccuracies.

15.3 Price Estimates

Price estimates are based on historical sales data and are not appraisals, guarantees of value, or predictions of future sale prices. Scoutsy is not liable for any financial loss resulting from reliance on AI-generated price estimates.


16. Payment Processing and Escrow

16.1 Stripe Connect

All ThriftWish marketplace payments are processed through Stripe Connect. Your use of Stripe Connect is subject to the Stripe Connected Account Agreement.

16.2 Escrow Process

  • (a) Funds are captured by Stripe and held in escrow upon purchase.
  • (b) After delivery confirmation, the 48-hour dispute window begins.
  • (c) If no dispute is filed, funds are released to the seller minus applicable fees.
  • (d) If a dispute is filed, funds remain in escrow until resolved.

16.3 Charge Descriptor

Charges on buyer payment statements will appear as "SCOUTSY*[seller_name]".

16.4 Chargebacks

Scoutsy and Stripe will automatically submit available evidence on behalf of the seller. Sellers with excessive chargebacks (exceeding 1% of transactions) may have their accounts reviewed, suspended, or terminated.

16.5 Refunds

Refunds for ThriftWish transactions are processed only through the dispute resolution process or by mutual agreement. Scoutsy does not issue refunds for subscription fees.


17. User Conduct and Prohibited Activities

You agree not to engage in any of the following:

  • (a) Using the App for any unlawful purpose.
  • (b) Listing or selling any prohibited item.
  • (c) Creating false, misleading, or deceptive listings.
  • (d) Manipulating prices, reviews, ratings, or search results.
  • (e) Harassing, threatening, or abusing other users.
  • (f) Circumventing security measures, access controls, or rate limits.
  • (g) Using automated scripts, bots, or unauthorized third-party software.
  • (h) Scraping, copying, or republishing content without authorization.
  • (i) Creating multiple accounts.
  • (j) Shill bidding, fake purchasing, or market manipulation.
  • (k) Sharing defamatory, obscene, or threatening content.
  • (l) Interfering with the App's infrastructure.
  • (m) Impersonating another person or entity.
  • (n) Using messaging to conduct transactions outside the App.
  • (o) Providing false information.

18. Account Suspension and Termination

18.1 Suspension

Scoutsy may suspend your account temporarily if we reasonably believe you have violated these Terms. You will be notified of the suspension and reason via email and in-app notification.

18.2 Termination

Scoutsy may permanently terminate your account for repeated violations, severe violations, DMCA strikes, counterfeit strikes, excessive chargebacks, false information, or conduct posing risk to other users.

18.3 Effect of Termination

  • (a) Access permanently revoked.
  • (b) ThriftWish listings removed.
  • (c) Cross-posted external listings are your responsibility.
  • (d) Completed, undisputed payouts released after 30-day review.
  • (e) Disputed payouts withheld until resolved.
  • (f) Subscription canceled.

18.4 Appeal

You may appeal within thirty (30) days by contacting legal@getscoutsy.com. Appeals are reviewed within fourteen (14) business days.


19. Limitation of Liability

19.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

19.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MSCLTHRU UNLIMITED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, ANY TRANSACTION BETWEEN USERS, ANY ITEMS PURCHASED OR SOLD, UNAUTHORIZED ACCESS TO YOUR DATA, OR ANY OTHER MATTER RELATING TO THE APP.

19.3 Cap on Liability

MSCLTHRU UNLIMITED'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID IN SUBSCRIPTION FEES DURING THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.00.

19.4 Basis of the Bargain

YOU ACKNOWLEDGE THAT THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

19.5 Applicability

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the above limitations apply to the maximum extent permitted by law.


20. Indemnification

You agree to indemnify, defend, and hold harmless MSCLTHRU Unlimited from and against any claims, damages, losses, liabilities, costs, and expenses arising out of: your use of the App, your listings, any items you sell, your violation of these Terms, your violation of any law, any dispute between you and another user, and any tax liability from your sales activity.


21. Dispute Resolution and Binding Arbitration

21.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact Scoutsy at legal@getscoutsy.com and attempt to resolve the dispute informally for at least thirty (30) days.

21.2 Binding Arbitration

Any dispute shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

21.3 Location

The arbitration shall take place in the county where you reside or via telephone, videoconference, or online proceedings.

21.4 Arbitration Fees

For claims of $10,000 or less, Scoutsy will pay all AAA filing, administration, and arbitrator fees.

21.5 Class Action Waiver

YOU AND MSCLTHRU UNLIMITED AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

21.6 Exceptions to Arbitration

Either party may seek injunctive relief for intellectual property rights. Small claims court claims are also excepted.

21.7 Opt-Out

You may opt out of arbitration within thirty (30) days of creating your account by emailing legal@getscoutsy.com.

21.8 Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Delaware. If arbitration does not apply, you consent to the exclusive jurisdiction of Delaware courts.

21.9 Limitation Period

Any claim must be filed within one (1) year after the cause of action accrues, or the claim is permanently barred.


22. Privacy

Your use of the App is also governed by Scoutsy's Privacy Policy. Scoutsy complies with the CCPA and applicable data protection laws. Contact legal@getscoutsy.com to exercise your data rights.


23. Modifications to Terms

Scoutsy reserves the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes. Your continued use constitutes acceptance. For changes affecting existing transactions, the terms in effect at the time of the transaction shall govern.


24. General Provisions

24.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and MSCLTHRU Unlimited regarding your use of the App.

24.2 Severability

If any provision is held invalid, the remaining provisions remain in full force and effect.

24.3 Waiver

Failure to enforce any right does not constitute a waiver.

24.4 Assignment

You may not assign these Terms without consent. Scoutsy may assign without restriction.

24.5 Force Majeure

Scoutsy is not liable for delays or failures due to causes beyond its reasonable control.

24.6 No Agency

Nothing in these Terms creates any agency, partnership, or employment relationship.

24.7 Electronic Communications

By creating an account, you consent to receive communications electronically.

24.8 Headings

Section headings are for convenience only and have no legal effect.

24.9 Survival

Sections 6.2, 6.4, 9, 10.3, 11.3, 12, 14, 19, 20, 21, and 24 shall survive any termination of these Terms.


25. Contact Information

For questions, concerns, or legal notices regarding these Terms of Service:

MSCLTHRU Unlimited
Email: legal@getscoutsy.com

For DMCA takedown notices: legal@getscoutsy.com (see Section 12 for required notice format)

For privacy requests (CCPA data access, deletion, opt-out): legal@getscoutsy.com

For account appeals: legal@getscoutsy.com


These Terms of Service were last updated on March 15, 2026.

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