Terms of service

1. Definitions

• "Operator" means a user who lists or manages estate sales through the Service.
• "Developer" means a user who accesses our APIs, SDKs, or developer portal to build integrations or applications.
• "API Key" means any credential we issue for programmatic access to the Service.
• "User Content" means text, images, listings, and other materials you submit to the Service.

2. Eligibility and accounts

You must be able to form a binding contract in your jurisdiction to use the Service. You are responsible for the activity that occurs under your account and for safeguarding your credentials. You must provide accurate information and keep it current.

3. Service provided "AS IS" and "AS AVAILABLE"

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We are a young, bootstrapped platform and do not guarantee that the Service will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant that any particular feature (including APIs, maps, search, estimates, or experimental tools) will meet your requirements or produce accurate or complete results.

To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except where such disclaimers are prohibited by law.

4. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities, even if we have been advised of the possibility of such damages.
• Our total aggregate liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of one hundred U.S. dollars (US$100) or the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim. If you only use free offerings and paid us nothing in that period, that amount is zero, and the cap is US$100 unless applicable law requires a lower cap.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the minimum permitted by law.

5. API keys, developer access, and acceptable use

API keys and developer access are revocable privileges, not property rights. We may suspend or terminate access, revoke API keys, or limit functionality at any time, with or without notice, including for security, abuse prevention, legal compliance, or operational reasons.

You agree not to:

• Circumvent authentication, rate limits, quotas, or technical restrictions we impose.
• Use the Service to build or operate a product that primarily scrapes, re-hosts, or mirrors our marketplace data in a way that competes with or substitutes for the Service without adding substantial independent value, as we reasonably determine.
• Use the Service in any manner that could damage, disable, overburden, or impair our systems or other users' experience.

We may throttle, rate-limit, or cap requests to protect infrastructure and users. Those limits may change without notice.

6. User content and data ownership

As between you and OES, you retain ownership of your User Content (for example, listing descriptions and photos you upload). To operate the Service, you grant OES a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, and otherwise use your User Content solely to provide, improve, and promote the Service and as described in our Privacy Policy.

You represent that you have the rights necessary to grant the foregoing license and that your content does not violate third-party rights or applicable law.

7. Developers and end-user data

If you build an application or integration that collects personal data from end users, you are solely responsible for your own legal compliance, including maintaining a clear and accurate privacy policyfor your product and obtaining any required consents. Your use of our APIs does not make us responsible for how you process your users' data.

8. Intellectual property and brand

The Service, excluding your User Content, including software, branding, logos, and documentation, is owned by OES or our licensors. These Terms do not grant you any rights in our trademarks (including "Open Estate Sales" and related marks) except the limited right to use them in good faith to identify compatibility—you may not imply endorsement, partnership, or affiliation where none exists, or use our marks as the primary branding of your product.

9. Open source software and the hosted Service

Portions of our codebase may be published under the GNU Affero General Public License v3.0 ("AGPL-3.0"). Your use of that source code is governed by the AGPL-3.0, a copyleft license that applies to software you receive under it.

The AGPL-3.0 does not govern your use of our hosted websites, APIs, or other online services. Access to the live Service, API keys, and production infrastructure is governed by these Terms and our policies, regardless of how our software is licensed in the repository.

10. Indemnity

To the extent permitted by law, you will defend and indemnify OES and its contributors against claims, damages, and expenses (including reasonable attorneys' fees) arising from your User Content, your misuse of the Service, or your violation of these Terms or applicable law.

11. Changes

We may modify these Terms by posting an updated version and updating the "Last updated" date. Material changes may be communicated through the Service or by email where appropriate. Continued use after changes become effective constitutes acceptance.

12. General

These Terms constitute the entire agreement regarding the subject matter here. If a provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.

For claims not subject to arbitration (if any), you agree that the laws of the United States and the State of Delaware govern these Terms, excluding conflict-of-law rules, and that state and federal courts located in Delaware have personal jurisdiction—subject to any consumer protections in your home jurisdiction that cannot be waived.

13. Contact

Questions about these Terms: use the contact channels listed on openestatesales.com or open an issue in our public repository where appropriate.