Terms of Service

Last updated: March 31, 2026. These Terms may change; see Section 2. This page is not legal advice. Consult counsel for your situation.

1. Agreement

By creating an account, checking a box indicating acceptance, clicking to accept, or otherwise using the website, mobile applications, APIs, dashboards, embeds, email integrations, and any other products or services we offer (collectively, the “Service”), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

Privacy and data roles. Our Privacy Policy describes how we collect, use, and share personal information. If you use professional, listing, POS, CRM, dashboard, API, or similar business features, you acknowledge that you may submit personal information about your customers, staff, contractors, or operations, and that we will process that information to provide and improve the Service as described in the Privacy Policy.

Where you instruct us to process personal information on behalf of your business (for example, data you upload about your customers or staff), we act as a service provider or processor on your documented instructions to the extent applicable. For our own account administration, analytics, security, fraud prevention, and operation of the platform as a whole, we act as an independent controller, unless we have agreed otherwise in a separate written agreement.

If we offer features involving customer communications, transaction data, CRM functionality, or analytics tied to identifiable individuals, our handling of personal information for those features will be described in the Privacy Policy. Business users remain responsible for ensuring that their own privacy notices, consents, and agreements with end users are accurate and legally sufficient.

2. Changes to these Terms and to the Service

We may modify these Terms, our policies, our fees, features, and the Service at any time, in our sole discretion. We will use reasonable efforts to post updated Terms on this page and update the “Last updated” date. For materially adverse changes, we may also provide notice by email, in-product notice, or another reasonable method where practicable.

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Service and may close your account where applicable. Certain changes may be required by law or security needs and may be effective immediately upon posting.

Non-retroactivity. Changes to these Terms will not apply retroactively to disputes that arose before the effective date of the changes, unless otherwise required by law.

No reliance on prior descriptions. Descriptions of the Service on our website, marketing materials, demos, or sales conversations are illustrative only and do not create contractual obligations beyond these Terms unless expressly set forth in a separate signed agreement. You acknowledge that you have not relied on any representations, warranties, or statements not expressly set forth in these Terms.

3. The Service; no brokerage

EstateSail.com provides software, listing, discovery, communication, and related tools for estate sale professionals, private listers, shoppers, and other users. We are a technology platform. We are not a party to transactions between buyers and sellers at physical or online estate sales, and we do not guarantee the accuracy, safety, legality, or quality of any listing, item, company, or user. EstateSail.com does not act as an agent, broker, fiduciary, or advisor for any user. We do not guarantee any level of traffic, visibility, engagement, or sales results from use of the Service. We do not mediate, resolve, or enforce disputes between users, and we have no obligation to become involved in such disputes.

4. Eligibility and age

You may use the Service only if you are at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter a binding contract. If you do not meet these requirements, do not use the Service. If you permit others to access an account tied to a business, you are responsible for ensuring they are authorized and comply with these Terms.

5. Accounts and security

You must provide accurate registration information and keep it current. You are responsible for all activity under your credentials and for safeguarding passwords, API tokens, and devices. Notify us promptly of unauthorized use. We may refuse registration, require verification, or impose limits in our discretion.

6. Acceptable use

You agree not to misuse the Service. Without limitation, you must not:

Use the Service in violation of law or third-party rights.
Harass, threaten, defraud, impersonate, or stalk others; post unlawful, hateful, or exploitative content; or distribute malware.
Interfere with or disrupt the Service, networks, or security (including denial-of-service attacks, probing, or bypassing access controls).
Scrape, crawl, spider, harvest, or bulk-collect data or content from the Service using automated means (including bots, scripts, headless browsers, or AI agents) except through documented APIs or features we expressly permit, and only within any rate limits, authentication rules, and scope we specify.
Reverse engineer, decompile, or attempt to extract source code or non-public APIs, except where prohibited by applicable law.
Circumvent technical measures, usage limits, paywalls, geofencing, or account-type restrictions.
Use the Service to build or train a competing product or dataset using our content or structure, or to resell access to our data without our written consent.
Send unsolicited bulk commercial email or SMS through or referencing the Service in violation of law or our policies.
Use the Service to mine cryptocurrency, run unauthorized background jobs against our infrastructure, or overload our systems.

We may investigate suspected violations, cooperate with law enforcement, and suspend or terminate access without notice where we reasonably believe necessary to protect the Service, users, or the public. Although we are not obligated to monitor the Service or user content, we do not guarantee that we will detect or prevent any misuse.

7. Prohibited items and commerce

Listings, inventory, and offers made through or in connection with the Service must comply with applicable law. Without limitation, you must not use the Service to solicit or facilitate the sale of stolen goods, counterfeit items, items whose sale is illegal in the relevant jurisdiction, weapons or regulated items where sale is restricted or requires licenses you do not hold, hazardous materials without required compliance, or other categories we designate. We may publish or update a separate Prohibited Items Policy on the Service; those rules are incorporated into these Terms by reference. We may remove listings, restrict accounts, and cooperate with authorities when we become aware of violations.

8. Compliance obligations for business users

If you use the Service in connection with a company, listing, sale, POS, CRM, or other commercial or operational activity, you are solely responsible for compliance with all laws and regulations that apply to you, including without limitation: the accuracy of your listings, inventory, pricing, hours, locations, and business information; obtaining and maintaining required permits, licenses, and insurance; tax collection, reporting, and remittance where applicable; consumer protection, advertising, and marketing laws; privacy and data-protection obligations toward your customers, employees, and others whose data you collect or submit; and recordkeeping and industry-specific rules. EstateSail.com does not provide legal, tax, or compliance advice. Tools we offer are for your convenience and do not replace your obligations. EstateSail.com is not responsible for determining, collecting, reporting, or remitting any taxes on your behalf unless explicitly agreed in a separate written agreement.

9. APIs, integrations, and automated access

API keys, mobile app tokens, webhooks, and similar credentials are revocable licenses, not property rights. Use only as documented. We may rate-limit, throttle, change, or discontinue APIs with or without notice, subject to the deprecation commitment below for paid API plans. Unauthorized automated access to non-API endpoints is prohibited. You are responsible for your integrations and for any traffic they generate.

Paid API plans; deprecation notice. If your API access is part of a paid plan (fee-based subscription, order form, or equivalent we designate), we will provide at least ninety (90) days advance notice before we deprecate, remove, or introduce a breaking change to a documented API you use under that plan, except where the change is required for security, legal compliance, or fraud prevention, in which case we may implement it sooner and will provide notice when practicable under the circumstances. Notice may be given by email, in-product message, developer documentation, or another reasonable method.

10. Intellectual property

The Service, including software, design, trademarks, logos, and our content (excluding your submissions), is owned by Ascendant Platforms, LLC or our licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights. You may not use our marks without prior written permission.

11. Your content and listings

You retain ownership of content you submit (“User Content”). You grant EstateSail.com a non-exclusive, worldwide, royalty-free license to host, reproduce, modify, display, distribute, and create derivative works of User Content solely as needed to operate, improve, secure, and promote the Service, including in search results, maps, marketing, and partner surfaces where applicable.

The license continues after you stop using the Service or we remove content, but only to the extent reasonably necessary to maintain backups and disaster recovery; comply with law or lawful process; retain copies already distributed to other users, partners, or the public; operate cached, archived, backup, and search-indexed copies, and technically necessary transformations (such as indexing, compression, or formatting), for a reasonable period; and enforce these Terms, investigate abuse, and protect security and rights.

You represent that you have all rights necessary to grant the foregoing and that User Content does not violate law or third-party rights. We may remove or restrict content that we believe violates these Terms or creates liability.

12. Fees, billing, refunds, and cancellation

Certain features may require payment. Fees, taxes, and billing cycles are as shown at checkout, in your account, or in an order form. You authorize us and our payment processors to charge your designated payment method on a recurring basis for applicable fees, including renewals, taxes, and other charges we disclose, until you cancel in accordance with these Terms. We may retry failed charges as permitted by law and processor rules. Unless we state otherwise at the time of purchase or as required by law, all fees are non-refundable. Subscriptions and recurring plans, where offered, renew automatically for successive periods equal to the initial term until you cancel through the method we provide (for example, account billing settings). Cancellation is effective at the end of the then-current billing period unless we specify otherwise; you remain responsible for fees accrued before cancellation takes effect. We may change pricing prospectively with notice where required. Failure to pay may result in suspension. Chargebacks or payment disputes may result in account closure.

Free trials, promotional pricing, discounts, account credits, and similar benefits are governed by the specific terms we present at the time (including duration, eligibility, and scope). Unless we state otherwise, promotional and account credits have no cash value, are not redeemable for cash, and may expire as we specify where permitted by law. Custom order forms or written quotes control over conflicting general descriptions on the website.

Where applicable law requires conspicuous disclosure of auto-renewal terms, affirmative consent before recurring charges, a straightforward way to cancel, or retention of subscription or acknowledgment records, we will implement those requirements through the checkout experience, account or billing settings, and related communications to the extent required for the Service as we offer it in your jurisdiction.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ALL OF WHICH WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that listings, inventory, prices, addresses, or times are accurate or complete.

Data. We are not responsible for any loss, corruption, or deletion of data, content, or listings. You are responsible for maintaining your own backups of any information you submit to the Service.

14. Service availability and SLA

General. Except for the uptime and service credit commitment in the next paragraph, we do not guarantee any uptime, response time, throughput, error rate, support turnaround, data durability, backup frequency, or other performance metric unless we have entered a separate written agreement that expressly names an SLA and is signed by an authorized representative of EstateSail.com. General marketing statements, historical performance, or informal expectations do not create additional SLA obligations.

Uptime and service credits (paid plans). If you maintain a current paid subscription or other fee-based plan for the Service (excluding free-only, trial, or beta offerings where we state they are excluded), and monthly availability of the core Service for that plan is below 99.5% in a calendar month, we will issue service credits against applicable fees for the affected Service in accordance with the measurement methodology, exclusions, and credit schedule published in our Service Level Agreement or as we otherwise provide in your account. Scheduled maintenance we announce in advance, emergency remediation, issues attributable to you, third-party services, force majeure, beta or experimental features, and other exclusions we document may reduce or eliminate credit eligibility. For any month where credits apply, service credits are your exclusive remedy for failure to meet this uptime threshold for that month, except where applicable law requires otherwise.

Scheduled and emergency maintenance, third-party outages, security incidents, force majeure events, and product changes may cause interruptions. We are not liable for any loss arising from unavailability, degradation, or changes to the Service except as expressly provided in this Section.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTATESAIL.COM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ESTATESAIL.COM FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100), IF YOU HAVE NOT PAID US. Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted.

16. Indemnification

You will defend, indemnify, and hold harmless EstateSail.com and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, your violation of these Terms, or your violation of law or third-party rights.

17. Suspension and termination

We may suspend or terminate your access to the Service at any time, including for breach of these Terms, non-payment, legal requirement, or risk to the Service, users, or the public. We may also suspend or terminate accounts that remain inactive for an extended period or that appear abandoned, upon reasonable notice where practicable. Where practicable, we will provide reasonable advance notice before terminating for reasons other than emergency, ongoing harm, legal obligation, fraud, or repeat infringement; we are not required to provide notice when immediate action is necessary. You may stop using the Service at any time. Provisions that by their nature should survive termination will survive, including those relating to intellectual property, disclaimers of warranties, limitations of liability, indemnification, fees accrued before termination, informal dispute resolution, binding arbitration and class action waiver (except to the extent validly opted out), governing law, assignment, severability, export compliance, and any obligations relating to payment, content rights, and data handling that arose before termination, together with other rights and obligations that are intended to continue.

18. Informal dispute resolution

Before initiating arbitration or litigation (where permitted), you agree to first contact us at hello@estatesail.com with a written description of the dispute and the relief you seek. You and we will attempt in good faith to resolve the dispute for at least thirty (30) days after we receive your notice. If the dispute is not resolved within that period, either party may proceed as permitted under these Terms. This Section does not apply to claims for injunctive or equitable relief regarding misuse of the Service or intellectual property on an emergency basis, or to small claims court as described below.

19. Binding arbitration and class action waiver

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Consumer protection, arbitration, and civil-procedure laws vary by jurisdiction. This Section applies only to the extent permitted by applicable law in your location, including any statutes that limit or invalidate arbitration agreements, class action waivers, or fee allocation for certain claims or categories of users.

Arbitration. Except for disputes that qualify for small claims court or for provisional injunctive relief as described below, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and EstateSail.com (collectively, “Disputes”) will be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration will be conducted under the AAA’s Consumer Arbitration Rules if you are an individual using the Service primarily for personal, family, or household purposes, or under the AAA’s Commercial Arbitration Rules if you are a business entity or the dispute arises primarily from commercial use of the Service. The then-current applicable rules are published by the American Arbitration Association. Whether Consumer or Commercial rules apply will be determined based on your account type, the primary purpose of your use of the Service, and the substance of the dispute; if that is not reasonably clear, the AAA or the arbitrator may determine which rules apply.

The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted in English. The seat of arbitration will be Wilmington, Delaware, unless the AAA rules or applicable law require otherwise; you may also elect remote proceedings where the AAA offers them. The arbitrator may award the same damages and relief as a court (subject to these Terms), including attorneys’ fees only to the extent permitted by applicable law or the applicable AAA rules. Judgment on the award may be entered in any court of competent jurisdiction.

Arbitration fees and costs. Each party will bear its own attorneys’ fees and costs except as otherwise provided by applicable law or the applicable AAA rules. Arbitration administrative and arbitrator fees will be allocated in accordance with the AAA rules and governing law. To the extent required by law, EstateSail.com will pay or reimburse fees necessary to ensure that arbitration is not cost-prohibitive for an individual user.

Class action waiver. YOU AND ESTATESAIL.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and EstateSail.com agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a claim, that claim (and only that claim) must proceed in court; the remainder stays in arbitration.

Small claims. Either party may bring an individual action in small claims court in Wilmington, Delaware, or in the county where you reside (if the court has jurisdiction), so long as the dispute remains in that court and on an individual basis.

Emergency relief. Either party may seek provisional injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use, abuse, or infringement of intellectual property or the Service, without waiving the obligation to arbitrate the underlying merits except as otherwise permitted by law.

Jury trial waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND ESTATESAIL.COM WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE. This waiver applies if a dispute proceeds in court (for example, if arbitration does not apply or a claim is heard in small claims court to the extent a jury would otherwise be available).

Opt-out of arbitration. You may reject this arbitration agreement by sending a written notice to hello@estatesail.com within thirty (30) days after you first accept these Terms (or within thirty (30) days after we post a material change to this Section, if you are an existing user), including your name, email associated with your account (if any), and a clear statement that you opt out of arbitration. If you opt out in time, the arbitration and class action waiver in this Section do not apply to you, but the rest of these Terms still apply. If you do not opt out in time, this Section applies to the fullest extent permitted by law.

If any part of this Section is found unenforceable, the remainder remains in effect to the fullest extent permitted by applicable law.

20. Copyright complaints

We respect intellectual property rights. If you believe material on the Service infringes your copyright, follow our DMCA / Copyright Policy (or contact us at hello@estatesail.com if that page is unavailable).

21. Privacy

Our collection and use of personal information is described in our Privacy Policy, including for shoppers, professionals, and business users of POS, CRM, APIs, and related tools.

22. Third-party services

The Service may link to or integrate third-party services (maps, payments, analytics, etc.). Those are governed by the third parties’ terms. We are not responsible for third-party services.

23. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and EstateSail.com regarding the Service, superseding prior oral or written understandings on the same subject, except for a separate signed agreement that expressly overrides a specific provision.

Electronic communications. You agree to receive communications from us electronically, including notices, agreements, and disclosures relating to these Terms or the Service, and that such communications satisfy any legal requirement that they be in writing, to the extent permitted by applicable law.

Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles, subject to the Federal Arbitration Act as to arbitration and to mandatory consumer protections in your jurisdiction where applicable.

Courts. Except for arbitration, small claims as permitted in Section 19, and provisional injunctive relief, you agree that the state and federal courts located in Delaware have exclusive jurisdiction for any permitted court proceedings (including to compel arbitration or enforce an arbitral award), except where prohibited by law.

Severability; no waiver. If a provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.

Assignment. You may not assign these Terms without our prior written consent, which will not be unreasonably withheld. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for delays or failures due to events beyond our reasonable control, including, without limitation, failures of the internet, telecommunications networks, cloud providers, cyber incidents, ransomware attacks, distributed denial-of-service (DDoS) attacks, or other third-party infrastructure.

International use. The Service is controlled and operated from the United States. We do not represent that the Service is appropriate or available in all locations. Users who access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws.

Export. You must comply with applicable export and sanctions laws.

24. Beta and experimental features

We may offer beta, preview, or experimental features. These may be incomplete, unstable, or changed or discontinued at any time without notice. They are provided without warranties or guarantees of any kind beyond what applicable law requires, and the disclaimers and limitations in these Terms apply to them.

25. Contact

For questions about these Terms, contact us at hello@estatesail.com.