Terms of Service

Last Updated: January 10, 2025

1. Operating Entity

PowerBuyer is operated by Michael Macintire, 212 Villa Verda Rd., St. Augustine, FL 32080.

2. Acceptance of Terms

By accessing or using PowerBuyer ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

3. Description of Service

PowerBuyer is a multi-marketplace search tool that aggregates publicly available listings from online marketplaces including Etsy, Mercari, and Poshmark. The Service provides advanced filtering, fast notifications, and organizational tools to help professional resellers discover inventory. All purchases must be completed directly on the respective marketplace platforms. We do not facilitate transactions or process payments for marketplace items.

3.1 Use of Third-Party Data

PowerBuyer accesses marketplace data through official APIs where available, including Etsy's official API. We are not affiliated with, endorsed by, or sponsored by Etsy, Inc., Mercari, Inc., or Poshmark, Inc. By using PowerBuyer to access marketplace data, you agree to comply with each marketplace's respective Terms of Service:

You are responsible for ensuring your use of marketplace data complies with all applicable marketplace policies. PowerBuyer reserves the right to terminate accounts that violate marketplace terms or engage in prohibited activities.

4. User Accounts

4.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms or fraudulent, abusive, or illegal activity.

5. Subscription and Payment Terms

5.1 Subscription Plan and Free Trial

PowerBuyer offers a single subscription plan at $69 per month. New users receive a 3-day free trial with full access to all features.

Free Trial Terms:

Subscription Terms:

5.2 Billing

Subscription fees are billed monthly in advance. All payments are processed through Stripe, a third-party payment processor.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time from your account dashboard.

5.4 Refunds and Cancellations

Money-Back Guarantee: We offer a 30-day money-back guarantee for your first payment. If you're not satisfied within the first 30 days of your initial subscription, contact us at support@powerbuyerapp.com for a full refund, no questions asked.

Cancellation: You can cancel your subscription at any time by visiting your account dashboard and clicking "Cancel Subscription." Cancellation takes effect at the end of your current billing period. You will retain access to PowerBuyer features until that time.

After Cancellation: Your search configurations, saved sellers, and user preferences will be retained for 90 days in case you decide to reactivate. After 90 days, this data may be permanently deleted. Marketplace listing data is not stored beyond compliance requirements (6 hours for Etsy).

No Partial Refunds: Subscription fees are non-refundable except during the 30-day money-back guarantee period or as required by law. We do not offer prorated refunds for partial months.

5.5 Price Changes

We reserve the right to change our subscription prices at any time. Price changes will be communicated to you at least 30 days in advance and will take effect at your next billing cycle.

6. Acceptable Use

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

6.2 Compliance with Marketplace Terms

You agree to comply with all applicable marketplace terms of service when using PowerBuyer to access their data. This includes, but is not limited to, Etsy's Terms of Use and API Terms, Mercari's Terms, and Poshmark's Terms. You must not use PowerBuyer in any way that violates these marketplace policies or that could harm marketplace sellers, buyers, or the platforms themselves.

6.3 Rate Limiting

We reserve the right to implement rate limiting or other technical measures to prevent abuse of the Service. Excessive or abusive use may result in temporary or permanent suspension of your account.

7. Third-Party Marketplaces and Data

PowerBuyer aggregates publicly available data from third-party marketplaces including Etsy, Mercari, and Poshmark. We are not affiliated with, endorsed by, or sponsored by Etsy Inc., Mercari Inc., Poshmark Inc., or any other marketplace platform. All transactions must be completed directly on the respective marketplace. Your interactions with third-party marketplaces are governed solely by their respective terms of service and privacy policies, not by PowerBuyer.

7.1 Etsy API Usage and Compliance

PowerBuyer utilizes Etsy's official API to aggregate publicly available listing data. We are a third-party application and are not affiliated with, endorsed by, or sponsored by Etsy, Inc. By using PowerBuyer, you agree to comply with Etsy's Terms of Use and API Terms of Service.

Etsy API Compliance: In accordance with Etsy's API Terms of Service:

7.2 Data Freshness and Caching

Data from all marketplaces (Etsy, Mercari, Poshmark) is refreshed frequently to maintain accuracy and comply with each platform's terms of service. Marketplace listing data is subject to change, and we encourage users to verify prices and availability on the original marketplace platform before making purchasing decisions.

8. Intellectual Property Rights

8.1 Our Rights

The Service and its original content, features, and functionality are owned by PowerBuyer and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 User Content

You retain all rights to any content you submit, post, or display on or through the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Service.

8.3 Third-Party Content

All marketplace listings, images, descriptions, and seller information displayed through PowerBuyer are the property of their respective marketplaces and sellers. PowerBuyer does not claim ownership of any marketplace content. Etsy listings are provided via Etsy's official API and remain the property of Etsy, Inc. and their sellers.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

IN NO EVENT SHALL POWERBUYER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless PowerBuyer and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

12. Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a notice on the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial and to participate in a class action lawsuit.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PowerBuyer regarding the use of the Service and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms, please contact us at:

PowerBuyer
Operated by: Michael Macintire
212 Villa Verda Rd.
St. Augustine, FL 32080

Email: support@powerbuyerapp.com

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