Terms of Service

1. What Freefall is

Freefall is a platform that lets independent businesses ("merchants") sell products at prices that fall in real time, on Freefall pages or embedded on their own websites, to people who buy them ("shoppers"). Freefall provides the software, the price engine and payment processing through its payment partner (Stripe). Freefall is not the seller of any product. Each sale is a contract between the shopper and the merchant.

2. Accounts

You must give accurate information and keep your login secure. You are responsible for activity on your account, including by team members you invite. We may suspend accounts that break these terms or put shoppers, merchants or Freefall at risk.

3. Prices and locks

Prices on Freefall change over time and can reset to a higher price at any moment; past prices do not predict future ones. When a shopper locks a price, that price is held for a short time and is the price charged if they buy. A lock that expires or is released ends with no charge.

4. Merchants

Merchants are solely responsible for their products and listings, including descriptions, images, the accuracy of any regular or retail price shown for comparison, stock, shipping and delivery, taxes, warranties, customer service and compliance with all laws that apply to their business and sales.

5. Payments, fees and payouts

Shoppers pay through Freefall's payment partner. For each sale, Freefall deducts its fees, as shown in the merchant console, before the rest is paid out to the merchant's payout account. Freefall's fees are not refundable, including when an order is later refunded or disputed. Merchants must keep a connected payout account in good standing with our payment partner.

6. Returns, refunds and disputes

Returns, refunds, exchanges, cancellations and chargebacks (disputes) are solely the responsibility of the merchant, under the merchant's own policies. Freefall does not decide, approve or guarantee them, and Freefall is not responsible or liable for any return, refund, exchange, cancellation or dispute, or for any loss arising from one.

• Shoppers: contact the store you bought from about returns and refunds. Its policy applies. Freefall cannot issue refunds on a merchant's behalf.
• Merchants: you issue refunds from your Freefall console, and they are paid from your payout account. You authorize Freefall and its payment partner to take from your payout account (by reversing payouts or debiting your balance) the full amount of any refund you issue, and of any dispute or chargeback on your sales together with the payment partner's dispute fees, as soon as they occur. If you win a dispute, amounts returned to Freefall for it are paid back to you. You are responsible for answering disputes with your own evidence before the deadline.
• If your payout account can't cover an amount you owe under this section, you remain liable for it, and Freefall may recover it from future sales or by other lawful means.

7. Acceptable use

Don't use bots, scripts or multiple accounts to lock or buy, interfere with prices or other people's purchases, probe or attack the service, or sell anything illegal, counterfeit or unsafe.

8. Disclaimers

Freefall is provided "as is". To the extent the law allows, Freefall makes no warranties about the service or about any merchant or product, and does not guarantee that the service will be uninterrupted or that any price will be available.

9. Limitation of liability

To the extent the law allows, Freefall is not liable for indirect, incidental or consequential losses, or for any dispute between a shopper and a merchant. Freefall's total liability for any claim is limited to the fees Freefall received from you in the three months before the claim. Merchants agree to indemnify Freefall against claims arising from their products, listings, sales, refunds, returns and disputes.

10. Changes

We may update these terms. We'll post the new version here with its date, and for significant changes we'll tell merchants by email. Using Freefall after a change means you accept the updated terms.