Terms of Use

Agreeing to these terms

These Terms of Use are an agreement between you and Oddlot LLC, a Texas limited liability company (Oddlot, we, us). They cover the Oddlot app, oddlot.app and related services (the Service).

By creating an account, buying Oddlot Pro or using the Service, you agree to these terms and to our Privacy Policy. If you don't agree, don't use Oddlot.

Who can use Oddlot

You must be at least 18 years old and able to form a binding contract. If you are under 18, you may not create an account or use the Service. If you use Oddlot for a business, you confirm you can bind that business, and these terms apply to it too.

Oddlot is currently offered in the United States. You can't use Oddlot if US law, including sanctions law, bars you from doing so.

What Oddlot does

Oddlot identifies items from your photos, looks up current marketplace listings from third-party data sources, and estimates what an item could resell for, what it would cost you and what you might make. It also suggests BUY, SKIP or CHECK.

Identification uses automated tools and can be wrong. Listing data comes from third parties and can be incomplete, out of date or matched to the wrong item.

Estimates, not advice

Everything Oddlot shows, including prices, profit, fees, verdicts and listing drafts, is an estimate for your information only. It is not a guarantee, an appraisal or an authentication, and it is not financial, tax, legal or investment advice.

Check the item, its condition, its authenticity and the comps yourself before you buy, list or sell. You are responsible for your buying and selling decisions, your listings, and any taxes, fees and legal requirements that apply to you.

Your account

You sign in with Apple or with your email. Keep your Apple ID, your email account and your device secure. You are responsible for activity on your account. Tell us at support@oddlot.app right away if you think someone else is using it.

You can delete your account at any time from Settings in the app. Deleting your account does not cancel your subscription. Cancel it where you paid: in your Apple ID settings for the App Store, or from Plan, Manage or cancel (or the link in your receipt email) for the web.

Free scans and Oddlot Pro

New accounts get 10 free scans in total. Oddlot Pro unlocks up to 300 scans a day and the other Pro features described in the app. Features and limits may change.

Pro costs $7.99 a month or $39.99 a year, plus any tax. The exact amount you will pay is shown before you confirm.

Automatic renewal

Pro is a subscription. It renews automatically at the end of each month or year, and you are charged the then-current price for each new period, until you cancel.

If you bought Pro in the iPhone app, Apple charges your Apple ID. It renews unless you turn off auto-renew at least 24 hours before the current period ends. Apple charges the renewal within the 24 hours before the period ends.

If you bought Pro on the web, our payment processor Stripe charges your payment method on each renewal date until you cancel. You can cancel any time before the renewal date.

Free trial

The yearly plan may include a 7-day free trial for new subscribers. One free trial per person.

When the trial ends, you are charged $39.99 for the year, and the plan renews every year after that until you cancel. To avoid the charge, cancel at least 24 hours before the trial ends for an App Store purchase, or before the trial ends for a web purchase.

We may remind you before the trial ends, but reminders depend on your notification settings, so please don't rely on them.

How to cancel

App Store: in Oddlot, go to Settings, then Plan, then Manage or cancel. Or open Settings on your iPhone, tap your name, then Subscriptions, then Oddlot, then Cancel Subscription.

Web: use the manage subscription link in your receipt email, or email support@oddlot.app from your account email and we will cancel it for you.

Cancelling stops future renewals. You keep Pro until the end of the period you already paid for.

Refunds

Apple bills App Store purchases and handles their refunds under its own policies. You can ask Apple for a refund at reportaproblem.apple.com. We can't refund App Store purchases.

Web purchases are non-refundable, including partial periods, except where the law requires a refund or where we choose to give one. If a renewal charge surprised you, email us within 14 days of the charge and we will review it.

Price and plan changes

We may change Pro prices or features. We will tell you about a price increase in advance, by email or in the app, at least as early as the law requires. For App Store subscriptions, Apple will also tell you and may ask for your consent. If you don't want the new price, cancel before it takes effect.

Your content

Your content means the photos, item details, notes, prices, listings, sales and other information you add to Oddlot. You keep ownership of your content.

You give Oddlot LLC a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt and display your content, and to share it with our service providers, so we can run, secure and support the Service for you. For example, we use it to identify an item, find comps or draft a listing. When you ask us to post a listing to a marketplace, this license also covers sending your content there.

This license ends when your content is deleted from our systems, except for copies kept in backups for a limited time or that we must keep by law.

We may also use de-identified data, which no longer identifies you, to measure and improve how accurate Oddlot's identifications and estimates are.

You confirm you have the rights to your content and that it doesn't break the law or anyone's rights.

Feedback

If you send us ideas or feedback, we may use them without paying you or owing you anything.

Oddlot's software and brand

Oddlot LLC or its licensors own the Service, including the app, the website, and their design, code and content, other than your content. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service under these terms. We keep all other rights.

Acceptable use

Don't misuse Oddlot. In particular, don't: buy, list or sell items that are illegal, stolen, counterfeit, recalled or banned by the marketplace you use; upload content you don't have the right to share; scrape, copy or resell Oddlot's data, including prices and comps; reverse engineer the app except where the law allows it; use bots or automation to run scans; overload, probe or break our systems or security; access another person's account or data; or use Oddlot to break any law or anyone's rights.

Marketplaces and other services

Oddlot may help you prepare or post listings on marketplaces such as eBay, or prepare text you copy into others, such as Facebook Marketplace. Each marketplace's own terms, rules and fees apply, and you are the seller. You are responsible for your listings, their accuracy, and your dealings with buyers.

We don't control third-party services and aren't responsible for their availability, actions, fees or data. A marketplace may change or cut off access at any time, which may limit what Oddlot can do.

If we launch an Oddlot marketplace for buying and selling, additional terms will apply to it, and we will ask you to accept them first.

Trademarks

Oddlot is not affiliated with, endorsed by or sponsored by eBay, Facebook, Poshmark, Mercari, Depop, Apple or any other marketplace or brand named in the Service. Their names and logos are trademarks of their owners and are used only to identify their services.

Brand names on items you scan belong to their owners. Identifying an item is not a statement that it is authentic.

Copyright complaints

If you believe content on Oddlot infringes your copyright, email support@oddlot.app with the information the US Digital Millennium Copyright Act requires. We may remove content and close the accounts of repeat infringers.

Suspension and termination

You can stop using Oddlot and delete your account at any time.

We may suspend or end your access, or remove content, if you break these terms, if the law requires it, or to protect users, third parties or Oddlot. We will tell you when we reasonably can. If we end your access to a paid web subscription without cause, we will refund the unused part.

We may change or stop offering any part of the Service. If we shut down Oddlot entirely, we will try to give you at least 30 days' notice so you can export your data.

Sections that by their nature should survive termination do so, including ownership, feedback, disclaimers, limits on liability, indemnity and disputes.

Disclaimer of warranties

TO THE FULLEST EXTENT THE LAW ALLOWS, ODDLOT IS PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DON'T PROMISE THAT ODDLOT, OR ITS IDENTIFICATIONS, PRICES OR ESTIMATES, WILL BE ACCURATE, COMPLETE, ERROR FREE, SECURE OR ALWAYS AVAILABLE.

Some places don't allow these exclusions, so some of them may not apply to you.

Limits on liability

TO THE FULLEST EXTENT THE LAW ALLOWS, ODDLOT LLC AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, INVENTORY VALUE, DATA OR GOODWILL. THIS INCLUDES LOSSES FROM BUYING, LISTING OR SELLING DECISIONS YOU MAKE USING ODDLOT, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO ODDLOT IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US FOR ODDLOT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$50.

These limits apply under any theory of liability, even if a remedy fails of its essential purpose. They don't limit liability for fraud, gross negligence, willful misconduct, death or personal injury caused by our negligence, or anything else the law doesn't allow us to limit.

Indemnity

To the extent the law allows, you agree to defend, indemnify and hold harmless Oddlot LLC and its owners, employees and contractors from third-party claims, and the related losses and reasonable legal fees, that arise from your content, your listings or sales, or your breach of these terms or the law. This doesn't apply to the extent a claim is caused by our own breach or misconduct.

Disputes: talk to us first

Most problems can be fixed quickly. Before starting arbitration or a lawsuit, send written notice to support@oddlot.app. Include your name, your account email, what the problem is and what you want. We will send any notice to you at your account email.

We both agree to try in good faith to resolve the dispute for 60 days after notice. Any deadline to bring a claim is paused during that time.

Disputes: arbitration

Except as stated below, you and Oddlot agree to resolve any dispute arising out of or relating to these terms or the Service by final, binding individual arbitration, not in court. This includes disputes about whether this arbitration agreement applies or can be enforced, except that a court decides disputes about the class action waiver, mass filings and the opt-out. The Federal Arbitration Act governs this agreement to arbitrate.

The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules then in effect, as changed by these terms. A single arbitrator decides. Hearings may be held by video or phone, or in person in the county where you live or in Harris County, Texas. If your claim is for less than $10,000, you may choose to have it decided on written submissions only.

The AAA's consumer fee rules decide who pays fees. If you show that the fees would be too expensive compared with going to court, we will pay as much of them as the arbitrator finds necessary. The arbitrator may award the same individual relief a court could, including attorneys' fees where the law allows, but only in favor of the individual party seeking relief.

Exceptions: either of us may bring an individual claim in small claims court if it qualifies and stays there. Either of us may go to court to stop the infringement or misuse of intellectual property. You can always report a problem to a government agency.

Disputes: no class actions or jury trials

YOU AND ODDLOT EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may not combine more than one person's claims or preside over any class or representative proceeding, except as described for mass filings.

If a court decides this waiver can't be enforced for a particular claim or remedy, such as public injunctive relief, only that claim or remedy goes to court. It is paused until the individual arbitration ends, and everything else stays in arbitration.

IF A DISPUTE GOES TO COURT FOR ANY REASON, YOU AND ODDLOT EACH WAIVE ANY RIGHT TO A JURY TRIAL, TO THE EXTENT THE LAW ALLOWS.

Disputes: mass filings

If 25 or more similar arbitration demands are filed against Oddlot by or with the help of the same law firm or group, they will be administered in batches of up to 25 under the AAA's mass arbitration rules, with one arbitrator per batch. Deadlines to bring a claim are paused for demands waiting in a batch. A court may decide disputes about whether this section applies.

Disputes: opting out

You can opt out of arbitration within 30 days after you first accept these terms. To opt out, email support@oddlot.app from your account email with the subject Arbitration Opt-Out and include your name. Opting out doesn't affect anything else in these terms.

If we change the Disputes sections, we will give you 30 days' notice. Changes won't apply to disputes either of us has already given notice of. You can reject a change by emailing us within those 30 days, and the earlier version will keep applying to you.

Governing law and courts

Texas law governs these terms, without regard to conflict of law rules, except that the Federal Arbitration Act governs the arbitration sections.

Any dispute that isn't arbitrated or brought in small claims court must be brought only in the state or federal courts located in Harris County, Texas, and you and Oddlot consent to those courts.

Apple App Store terms

If you got Oddlot from the Apple App Store, these extra terms apply. These terms are between you and Oddlot LLC only, not Apple. Oddlot LLC, not Apple, is solely responsible for the app and its content.

Your license to use the app is limited to Apple-branded devices you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions. Other accounts linked to yours through Family Sharing may also use it where Apple allows.

Apple has no obligation to provide any maintenance or support for the app.

If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent the law allows, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are Oddlot's responsibility, to the extent these terms don't disclaim them.

Oddlot LLC, not Apple, is responsible for addressing any claims by you or a third party about the app or your possession or use of it. This includes product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.

If a third party claims that the app, or your possession and use of it, infringes their intellectual property rights, Oddlot LLC, not Apple, is responsible for investigating, defending, settling and discharging that claim, to the extent these terms require.

You confirm that you are not located in a country subject to a US Government embargo or designated by the US Government as a terrorist supporting country, and that you are not on any US Government list of prohibited or restricted parties.

You must follow any third-party terms that apply when you use the app, such as your wireless data plan.

Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Unless we have provided a custom license through the App Store, Apple's standard Licensed Application End User License Agreement also applies, and these terms add to it. Where they conflict, these terms control to the extent allowed.

Send questions, complaints or claims about the app to Oddlot LLC using the contact details below.

Changes to these terms

We may update these terms. If a change is material, we will tell you in the app or by email at least 14 days before it takes effect, unless we must make it sooner for legal or security reasons. Changes to the Disputes sections follow the rules in those sections.

If you keep using Oddlot after a change takes effect, you accept the new terms. If you don't agree, stop using Oddlot and cancel Pro.

General

These terms, the Privacy Policy and any terms shown when you buy Pro are the entire agreement between you and Oddlot about the Service. They replace any earlier agreements on that subject.

If any part of these terms can't be enforced, the rest stays in effect, and that part is enforced as far as possible. If we don't enforce a term, that isn't a waiver.

You may not transfer these terms or your account without our written consent. We may transfer them to an affiliate, as part of a merger, acquisition or sale of assets, or by law.

We aren't liable for delays or failures caused by events beyond our reasonable control, such as outages at our providers, natural disasters or government action.

You agree that we can give you notices and other communications electronically, by email or in the app, and that they satisfy any legal requirement that communications be in writing.

You must follow US export control and sanctions laws when you use Oddlot. These terms don't create a partnership, agency or employment relationship. Except for Apple as described above, there are no third-party beneficiaries. Headings are for convenience only.