Last Updated: 9/28/2025

These Terms of Service (“Terms”) govern your use of FlipaCell.com website (the “Site”) and the services offered through it (the “Services”), including buying devices from you and/or selling devices to you. By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Site or the Services.

1. The Parties

The Site and Services are provided by Pre-Loved Tech LLC doing business as FlipaCell (“FlipaCell,” “we,” “us,” “our”).
You (“you,” “your,” “Seller,” or “Buyer”) are whoever uses our Site or submits a device or purchases a device, and you represent that you have the legal capacity to enter into this agreement.

2. Changes & Modifications

We reserve the right to modify or update these Terms at any time by posting revised Terms on the Site. The revised Terms will take effect when posted. Your continued use of the Site or Services after the changes constitutes your acceptance of the new Terms.

3. Services Overview

FlipaCell.com offers two main categories of transactions:

Selling your device to us (“Sale”) — you get a quote, ship us your device, and we pay you (subject to inspection and adjustments).
Buying a device from us (“Purchase”) — we list devices for sale, and you place orders under the terms applicable to purchases.

These Terms apply to all such transactions unless otherwise stated in a supplemental policy or agreement.

4. Eligibility & Requirements for Sale

To sell a device to FlipaCell:

You must provide true, accurate, complete, and up to date information about yourself and your device.
You must transact for yourself (i.e. not as an agent), and be at least 18 years old or have legal capacity to contract.
You must own all rights, title, and interest in your device; it must be free of liens, encumbrances, or theft claims, and you must have the right to transfer it.
Devices must meet eligibility criteria as determined by us; we may refuse to accept any device for any reason, including condition, noncompliance, or legal restrictions.
If the device stores data, you must back up all data you wish to keep, and remove all personal information before shipping. We may—but do not guarantee that we will—erase remaining data.
You are responsible for disabling locks, activation restrictions, “Find My” or iCloud / Google accounts, remote management, or other security features that impede lawful reuse or inspection of the device.

5. Quotes, Price Lock & Inspection

We will issue a quote based on the information you provide (model, condition, etc.).
Once you accept the quote and check out, the offer is locked for a period 7 days provided the device is shipped (postmarked) within that timeframe.
You must ship your device to us within that delivery window.
Upon receipt, we will inspect the device. If the device condition differs materially from your description (or is noncompliant), we may rescind or adjust the offer and provide a revised offer.
You may accept or reject the revised offer. If you reject, we will return the device to you (often free of charge, depending on policy).
If you do not respond within a given timeframe (e.g. 7 days), the revised offer may be deemed accepted.
If you reject the revised offer, and we return the device, there may be a return shipping & handling fee under certain circumstances (for example, if the discrepancy was significant or within prohibited categories).

6. Risk of Loss

You assume risk of loss or damage to the device during transit until we receive it. Once we take possession and inspect it, risk shifts to us (unless the device is being returned to you under the terms).

You should package the device suitably for safe shipping and follow our packaging instructions.

7. Payment

Payment will be made by a method we support (PayPal & CashApp) after we accept the device under inspection.
Payment timing will depend on our processing terms 1–5 business days or sooner.
If you accepted a revised offer, payment will be made only upon your acceptance of that offer.
Unclaimed or undeliverable payments may be handled in accordance with applicable laws (e.g. escheatment).

8. Warranties & Disclaimers

We provide the Services and the Site “as is,” “with all faults,” and without warranties to the fullest extent permitted by law.
We disclaim implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and noninfringement.
We are not responsible for email or communication failures outside our control, for loss or damage during transit, or for delays outside our control.

9. Limitation of Liability

To the maximum extent permitted by law:

Our total liability arising from or relating to your use of the Site or Services shall not exceed the greater of (i) the amount you paid to us, or (ii) $100.
In no event will we (or our affiliates, officers, employees, agents) be liable for indirect, incidental, consequential, special, punitive, or exemplary damages (including lost profits or data loss).
These limitations do not apply to liability arising from fraud, gross negligence, or willful misconduct, to the extent not disallowed by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless FlipaCell.com (and its officers, directors, employees, agents) against all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your breach of these Terms
Your device’s misrepresentation or noncompliance
Your use of the Site or Services
Your violation of any law, regulation, or third-party right

We may assume control of the defense, and you must cooperate if requested.

11. Accepting Electronic Terms & Notices

You consent to using electronic means (email or via the Site) to receive notices, disclosures, or communications. You agree that use of electronic signatures, click-to-accept, and electronic records satisfy legal requirements.

You should maintain a valid email address and check for communications; we are not liable for lost notices due to outdated or incorrect contact info.

12. Prohibited Uses & Conduct

You agree not to:

Use scripts, bots, scrapers, or automated means to interact with or access the Site
Circumvent any usage restrictions or security features
Interfere with or damage the Site or infrastructure
Use the Site or Services for unlawful or fraudulent purposes
Upload viruses, malware, or content that infringes third-party rights
Do anything that would unfairly interfere with others’ access or use

13. Intellectual Property; Feedback

All content, trademarks, designs, logos, materials on the Site are proprietary to FlipaCell.com or licensors. You may not use them except to access and use the Site per these Terms.
If you provide feedback, suggestions, or ideas, you grant FlipaCell.com a perpetual, irrevocable, royalty-free license to use them without obligation.

14. Links & Third-Party Sites

The Site may include links to third-party websites. We do not control those sites and are not responsible for their content or practices. The presence of a link does not imply endorsement.

15. Severability & Waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. No waiver of breach or default is a waiver of any other or future breach.

16. Governing Law & Dispute Resolution

These Terms and transactions hereunder shall be governed by the laws of the State of Colorado, without regard to conflict of law rules.
You and FlipaCell.com agree to submit disputes to the courts located in Colorado, and you consent to the exclusive jurisdiction and venue of those courts.

17. Miscellaneous

Entire Agreement: These Terms, the Privacy Policy, and any supplemental terms constitute the entire agreement between you and FlipaCell.com
Assignment: We may assign these Terms or our rights; you may not assign your rights without our consent.
Force Majeure: We are not liable for delays or failures arising from causes beyond our control (e.g. natural disasters, acts of government, strikes, disruptions).