Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Lotalyze ("Company," "we," "us," or "our"), governing your access to and use of the Lotalyze website and services located at lotalyze.com (the "Service"). By accessing or using the Service in any way, including browsing, creating an account, or purchasing a subscription, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
2. Description of Service
Lotalyze provides a subscription-based data intelligence platform that aggregates, analyzes, and displays publicly available auction listing data from third-party sources, including auction platforms and market data providers. The Service includes market pricing estimates, historical auction data, resale analytics, and related tools intended to assist users in making informed resale decisions.
Lotalyze is an informational tool only. We are not an auction house, marketplace, broker, or financial advisor. We do not guarantee any specific resale outcome, profit, or return on investment.
3. Eligibility
You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and are not barred from using the Service under applicable law.
4. Accounts and Registration
To access certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration;
- Maintain and promptly update your account information;
- Keep your password confidential and not share it with any third party;
- Notify us immediately of any unauthorized use of your account;
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts at our sole discretion, including for violation of these Terms, fraudulent activity, or non-payment.
5. Subscriptions and Billing
5.1 Subscription Plans
Access to the Service requires an active paid subscription. We offer monthly and annual subscription plans. Pricing is displayed at the time of purchase and may be updated with advance notice.
5.2 Billing and Renewal
Subscriptions are billed in advance on a recurring basis (monthly or annually). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By providing payment information, you authorize us to charge you on a recurring basis.
5.3 Cancellation
You may cancel your subscription at any time through the billing portal or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to the Service through the end of your paid period.
5.4 Refund Policy
All subscription fees are non-refundable except where required by applicable law. We do not provide pro-rated refunds for partial billing periods. If you believe you were charged in error, contact us within 7 days of the charge.
5.5 Payment Processing
Payments are processed by Stripe, Inc. Your payment information is transmitted directly to Stripe and is not stored on our servers. Use of Stripe is subject to Stripe's own Terms of Service and Privacy Policy.
6. Acceptable Use
You agree not to use the Service to:
- Violate any applicable local, state, federal, or international law or regulation;
- Scrape, crawl, or systematically extract data from the Service without written permission;
- Reverse engineer, decompile, or attempt to extract the source code of the Service;
- Resell, sublicense, or redistribute the Service or its data to third parties;
- Use automated tools (bots, scripts, crawlers) to access the Service;
- Transmit any viruses, malware, or other harmful code;
- Attempt to gain unauthorized access to any part of the Service or its infrastructure;
- Interfere with or disrupt the integrity or performance of the Service;
- Create multiple accounts to circumvent subscription requirements;
- Use the Service for any unlawful, fraudulent, or deceptive purpose.
We reserve the right to investigate and take appropriate legal action against anyone who violates this section, including termination of access and referral to law enforcement.
7. Intellectual Property
All content, features, functionality, design, software, code, data compilations, trademarks, logos, and other materials provided through the Service are owned by or licensed to Lotalyze and are protected by United States and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial informational purposes. No other rights are granted.
You may not reproduce, distribute, modify, create derivative works from, publicly display, sell, or exploit any portion of the Service without our express written permission.
8. Third-Party Data and Content
The Service aggregates data from third-party sources including auction platforms and market pricing APIs. We do not own, control, or guarantee the accuracy, completeness, or timeliness of such third-party data. All third-party trademarks, product names, and listings remain the property of their respective owners.
References to third-party platforms, products, or services do not constitute an endorsement by Lotalyze. We are not affiliated with, sponsored by, endorsed by, authorized by, or officially connected to any third-party auction platform, marketplace, pricing provider, or trademark owner referenced in our Service.
9. Disclaimer of Warranties
We do not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) any data, pricing estimates, or analytics provided are accurate, complete, or current; (c) the Service will meet your specific requirements; or (d) any defects will be corrected.
Market pricing estimates generated by the Service (including AI-assisted eBay price estimates) are for informational purposes only and do not constitute financial, investment, or business advice. Actual resale results may differ materially from estimates. You assume all risk associated with reliance on such data.
10. Limitation of Liability
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless Lotalyze and its owners, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) your violation of any third-party rights; or (d) any content you submit or transmit through the Service.
12. Modifications to the Service and Terms
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We also reserve the right to amend these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and may notify you by email.
Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.
13. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
Class Action Waiver: YOU AND LOTALYZE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You agree that any arbitration or legal proceeding shall be conducted in Burlington County, New Jersey.
15. Miscellaneous
Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Lotalyze regarding the Service.
Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
No Agency: Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Lotalyze.
16. Contact
If you have questions about these Terms, please contact us at:
Lotalyze
Medford Lakes, NJ
Email: support@lotalyze.com