Terms of Service

1. Introduction

These Terms of Service are an agreement between you and Webflare LLC, doing business as AuctionWriter (“AuctionWriter,” “we,” “us”). They apply to the AuctionWriter website and to our mobile apps. AuctionWriter is cataloging software for auction businesses: teams can photograph and organize lots, use AI to draft titles, descriptions, and estimates, import product details, and export catalogs. By accessing and using AuctionWriter, you agree to be bound by these terms. Please read them carefully.

2. Definitions

• User: Any individual or entity using AuctionWriter.
• Workspace: An organization or company account on AuctionWriter. Users, catalogs, lots, and subscriptions belong to a workspace.
• Content: All visual, textual, or other material that may be submitted, published, or displayed on our platform.

3. User Accounts

• Account Creation: You must be at least 18 years old to create an AuctionWriter account. You represent and warrant that all registration information is accurate and complete, and that you are authorized to bind the business named in the registration.
• Account Approval: We may require approval before a new account can access the service. Submitting a registration does not guarantee access, and we may approve or decline an account at our discretion.
• Account Responsibilities: You are responsible for maintaining the confidentiality of your password and account details. You are also responsible for all activities that occur under your account.
• Workspaces: AuctionWriter accounts are organized into workspaces. Subscriptions, lot limits, and billing are handled at the workspace level, not the individual user.
• Team Members: A workspace owner may invite team members and outside users, such as consignors or contract catalogers, and assign them roles (Owner, Manager, Cataloger, or Affiliate). Each person must use their own login.
• Workspace Responsibilities: The workspace owner is responsible for the workspace’s subscription, seat limits, and for all activity and content submitted by users in that workspace, including invited team members and affiliates.

4. Service Description

• Free Tier: Users may create up to 50 new lots without charge.
• Paid Plans: Paid subscriptions are available for higher monthly lot volumes and renew automatically each month. Current plan names, prices, lot limits, and other features are listed on our Pricing page at auctionwriter.com/pricing and may change from time to time.
• Cancellation: You can cancel a subscription at any time through your account settings. Cancellation stops future renewals. Fees already charged are not refunded, and you keep access until the end of the paid period.
• Failed Payment: If a payment fails, we may restrict or suspend access to the service until the payment is resolved.
• Mobile App: AuctionWriter includes companion apps for phones and tablets. The mobile app is licensed, not sold. Paid subscriptions are purchased and canceled on the AuctionWriter website, not through the Apple App Store or Google Play. You can catalog on a device even when you are offline. Local copies of catalogs, lots, and photos may be stored on the device and will sync to your workspace when the device is back online.
• Offline Use: Lots you create or edit offline still count toward your workspace’s new-lot limits when they sync. Usage is not reconciled across devices until those devices come back online, so several people cataloging offline at the same time may together exceed the workspace limit. Lots that would go over the limit will not be processed until the workspace is upgraded to a plan that covers them. You are responsible for the device, for any local copies stored on it, and for keeping the app reasonably up to date so sync can complete.

5. User Conduct

• Permitted Uses: You are permitted to use AuctionWriter for lawful purposes and in accordance with these terms.
• Prohibited Uses: You may not use our platform to upload illegal content, infringe upon the intellectual property rights of others, or engage in fraudulent activities. You may not interfere with or disrupt the service, including bulk upload and other automated features. You may not share logins to avoid seat limits. You may not upload catalogs, photos, or other material you do not have the right to use. You may not use the AI to invent provenance, authenticity, or other facts and then present those statements as true.
• Limited License: Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use AuctionWriter solely to catalog lots for a bona fide auction, estate, consignment, or similar business that you operate or are authorized to represent. All rights not expressly granted are reserved. Any access or use outside this license is unauthorized, is a material breach of these terms, and may result in immediate suspension or termination.

6. Intellectual Property

• Ownership: All rights, title, and interest in the AuctionWriter platform, software, and materials we provide (other than your content) are owned by Webflare LLC or its licensors.
• Your Content: You retain ownership of the content you upload, including photos and lot details, and of the titles, descriptions, estimates, and other text generated for your lots. You may export and use that content in your catalogs and auction listings.
• License: You grant us a license to host, store, display, and process your content as needed to provide the service, including through third-party providers we use to operate AuctionWriter.
• Imported Content: Features such as barcode scanning, product URL import, and similar tools may retrieve photos, product details, or other material from third-party sources. That material is not content you uploaded, and we do not warrant its accuracy or that you have any right to use it. You are responsible for reviewing imported material and for obtaining any licenses, permissions, or rights needed to use those photos or other assets in your catalogs and listings. We are not responsible for any licensing, copyright, or other claims arising from content imported through these tools.

7. Disclaimers and Limitation of Liability

• Accuracy: We do not guarantee the accuracy of the titles, descriptions, or valuations provided by our service.
• No Warranty: AuctionWriter is provided on an “as is” and “as available” basis without any warranties, expressed or implied.
• Liability: To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising out of your use of AuctionWriter. Our total liability for any claim relating to the service is limited to the fees the applicable workspace paid us for the monthly billing period in which the claim arose.
• Indemnity: You agree to defend and indemnify Webflare LLC against claims arising from content uploaded or imported by your workspace, including by team members, consignors, and affiliates, and from your use or publication of titles, descriptions, estimates, or other text generated by the service.

8. Termination

• Account Termination: We reserve the right to terminate your account if you breach these terms or use our service for illegal activities.
• Effects of Termination: If we terminate your account or a workspace is closed, your right to use the service will cease. We may then delete that workspace’s catalogs, lots, photos, and other data. Canceling a subscription is not the same as closing a workspace: cancellation stops future renewals and does not, by itself, delete your catalogs or lots.
• Deleted Catalogs and Lots: If you delete a catalog or lot, it may be recoverable for a limited time. After 30 days, deleted catalogs, lots, and their photos are permanently removed.
• Export Files: Export download files are available for a limited time, generally 24 hours, after which those files are deleted.
• Account Closure: There is no self-service account or workspace deletion in the product. If you want a workspace closed or its data removed, contact us at support@auctionwriter.com.

9. Changes to Terms

• Modifications: We reserve the right to modify these terms at any time. Changes will become effective immediately upon posting on our site.

10. Governing Law

• Jurisdiction: These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, and any disputes shall be resolved in the courts of York County, Pennsylvania.

11. Contact Information

For Questions or Concerns: If you have any questions or concerns about these Terms of Service, please contact us at support@auctionwriter.com.