These Terms of Service ("Terms") govern your use of the Gavelist website at gavelist.com and the Gavelist auction cataloging platform (the "Service"), operated by Gavelist ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the Service, you confirm that you are at least 18 years old and agree to these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms. If you do not agree, do not use the Service.
2. Description of the Service
Gavelist is an AI-powered auction cataloging platform. The Service allows you to upload photos of items, organize them into lots, and generate AI-powered descriptions for use in auction catalogs. The Service also provides export functionality compatible with auction platforms such as HiBid and LiveAuctioneers.
AI-generated descriptions are provided as a starting point and may contain errors. You are responsible for reviewing and editing all descriptions before publishing them in your auction listings. We do not guarantee the accuracy, completeness, or suitability of any AI-generated content.
3. User Accounts
You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with reasonable notice.
4. Acceptable Use
You agree not to:
- Upload content that is illegal, fraudulent, defamatory, obscene, or that infringes on the rights of others.
- Use the Service to catalog stolen property or items you do not have the right to sell.
- Attempt to reverse-engineer, decompile, or extract the source code of the Service or its AI models.
- Use automated tools (bots, scrapers) to access the Service beyond the APIs we provide.
- Interfere with or disrupt the Service, its servers, or networks connected to it.
- Resell, sublicense, or redistribute the Service or its output to third parties as a competing service.
- Exceed the rate limits or usage quotas established for your account tier.
5. Intellectual Property
Your Content
You retain full ownership of all photos, data, and content you upload to the Service ("Your Content"). By uploading content, you grant us a limited, non-exclusive license to store, process, and transmit Your Content solely for the purpose of providing the Service to you. This license ends when you delete Your Content or close your account.
We do not claim ownership of Your Content. We will not use your photos for marketing or promotional purposes without your explicit written consent.
AI-Generated Descriptions
Descriptions generated by the Service using your photos are yours to use for any lawful purpose, including in your auction listings. You are solely responsible for the accuracy and appropriateness of descriptions you publish.
Our Property
The Service, including its software, design, branding, AI models, and documentation, is our intellectual property and is protected by copyright, trademark, and other laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described here.
6. Payment Terms
Certain features of the Service require a paid subscription or per-use fees. All fees are listed on our pricing page and are subject to change with 30 days' notice. Key terms:
- Billing — subscription fees are billed in advance on a monthly basis. Usage-based fees are billed in arrears based on actual usage.
- Payment processing — all payments are processed by Stripe. By subscribing, you agree to Stripe's terms of service.
- Refunds — we do not offer refunds for partial billing periods. If you cancel, your subscription remains active until the end of the current billing period.
- Failed payments — if payment fails, we may suspend your access to paid features until payment is resolved.
- Overages — if your usage exceeds the limits of your subscription tier, overage charges may apply as described on the pricing page.
7. Service Availability
We strive to keep the Service available at all times but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify you of planned downtime in advance.
8. Limitation of Liability
To the maximum extent permitted by law, Gavelist and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. This includes, without limitation, damages for lost profits, lost sales, lost data, or business interruption.
Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
AI-generated descriptions are provided "as is." We are not liable for errors, inaccuracies, or omissions in AI-generated content, including incorrect item identification, inaccurate condition reports, or improper value estimates. You are responsible for reviewing all generated content before use.
9. Indemnification
You agree to indemnify and hold harmless Gavelist from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
10. Termination
You may close your account at any time by contacting us at support@gavelist.com. Upon termination:
- Your access to the Service will be revoked immediately.
- We will retain your data for 30 days to allow recovery, after which it will be permanently deleted.
- Any outstanding payment obligations survive termination.
We may terminate or suspend your account if you materially breach these Terms, with notice where practicable.
11. Dispute Resolution
If a dispute arises, we encourage you to contact us first at support@gavelist.com so we can try to resolve it directly. If we cannot reach a resolution, you agree that any legal action will be resolved through binding arbitration or in the courts described below, rather than through class action litigation.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any legal proceedings arising from these Terms or the Service shall be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania.
13. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
14. Miscellaneous
- Entire agreement — these Terms, together with our Privacy Policy, constitute the entire agreement between you and Gavelist regarding the Service.
- Severability — if any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
- Waiver — our failure to enforce any right or provision does not constitute a waiver of that right.
- Assignment — you may not assign your rights under these Terms without our consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
15. Contact Us
If you have questions about these Terms, contact us at:
Gavelist
Pittsburgh, PA
support@gavelist.com