Evaluu — Terms of Service
Sellable, Inc. d/b/a Evaluu | Effective Date: May 18, 2026 | Last Updated: May 18, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service (the “Terms”) constitute a binding agreement between you (“you” or “User”) and Sellable, Inc., a Delaware corporation doing business as Evaluu (“Evaluu,” “we,” “us,” or “our”). These Terms govern your access to and use of the Evaluu mobile application, websites at evaluu.app and any related subdomains, application programming interfaces, and any related services, content, or features provided by us (collectively, the “Service”).
By creating an account, downloading the application, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the Service.
IMPORTANT — ARBITRATION AND CLASS ACTION WAIVER. Section 18 (Binding Arbitration) and Section 19 (Class Action Waiver) require disputes between you and Evaluu to be resolved through individual binding arbitration and waive your right to a jury trial or to participate in any class or representative action. Please read those sections carefully.
1. Acceptance and Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is greater, to create an account or use the Service. By using the Service, you represent and warrant that (a) you meet this age requirement; (b) you have the legal capacity to enter into a binding contract; (c) you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction; and (d) all registration information you submit is accurate, current, and complete.
If you are using the Service on behalf of an entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.
2. The Service
Evaluu provides a mobile and web application that allows users to capture images or descriptions of personal property and receive estimated fair market value information generated through a combination of proprietary algorithms, third-party data sources, and machine-learning models. The Service is designed to assist users — including those navigating life transitions such as estate clearance, moving, divorce, downsizing, or insurance claims — in understanding what their personal property may be worth.
VALUATION DISCLAIMER.
All valuations, price ranges, market estimates, comparable-sale data, and related outputs (collectively, “Valuations”) provided through the Service are informational estimates only. Valuations are not formal appraisals, certified valuations, expert opinions, legal advice, tax advice, financial advice, or recommendations to buy, sell, hold, donate, or insure any item. Valuations are not prepared by a USPAP-certified appraiser, and Evaluu is not an appraisal management company. Real-world prices vary based on condition, provenance, location, timing, buyer demand, fees, and other factors outside the scope of the Service. You should not rely on Valuations as a substitute for the advice of a qualified professional (such as a certified appraiser, attorney, accountant, or insurance adjuster), and you assume sole responsibility for any decision you make based on the Service.
3. Accounts and Security
To access most features of the Service, you must create an account. You agree to (a) provide accurate and complete information; (b) keep your credentials confidential; (c) promptly notify us of any unauthorized use of your account; and (d) accept responsibility for all activity that occurs under your account, whether or not authorized by you. We may suspend or terminate your account if we believe, in our sole discretion, that you have violated these Terms or that your account presents a security or fraud risk.
4. Subscription, Fees, and Billing
4.1 Paid Features
Certain features of the Service are made available on a subscription or one-time purchase basis (collectively, “Paid Features”). When you purchase Paid Features, you authorize us, our payment processor, or the applicable app store (Apple App Store or Google Play) to charge the payment method you select for the fees disclosed at the point of purchase, plus any applicable taxes.
4.2 Auto-Renewal
Unless otherwise disclosed at purchase, subscriptions automatically renew at the end of each billing period for an additional period of the same length, at the then-current rate, until you cancel. You may cancel at any time before the next renewal through your account settings or through the applicable app store. Cancellation will take effect at the end of the current billing period; access to Paid Features will continue until the end of that period.
4.3 Price Changes
We may change subscription prices from time to time. We will provide reasonable advance notice of any price change (consistent with applicable app-store rules) before it takes effect. If you do not agree to a price change, you may cancel before the change takes effect.
4.4 Refunds
Except where required by law, all fees are non-refundable. If you purchased Paid Features through the Apple App Store or Google Play, refund requests are governed by the policies of the applicable app store and must be directed to them. We may, in our sole discretion, issue refunds, discounts, or credits as a one-time courtesy, but doing so does not entitle you to any future refund.
4.5 Free Trials and Promotions
We may offer free trials or promotional pricing. Unless we state otherwise, free trials automatically convert to paid subscriptions at the end of the trial period, charged to the payment method you provided, until you cancel. Promotional offers are subject to additional terms disclosed at the time of the offer.
4.6 App Store Billing
If you purchase Paid Features through an app store, that purchase is also subject to the app store’s terms. The app store, not Evaluu, is responsible for the billing relationship for those purchases, and you should review your account with the app store to manage subscriptions, payment methods, and refund requests.
5. User Content
The Service allows you to upload, submit, or transmit photographs, images, text, descriptions, voice inputs, and other materials, including images of personal property (collectively, “User Content”).
License to Evaluu. You retain all ownership rights in your User Content. You grant Evaluu a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (including for purposes such as cropping or resizing), create derivative works of, communicate, publish, publicly perform, publicly display, and distribute your User Content solely (a) to operate, provide, develop, and improve the Service; (b) to perform analytics and quality assurance; and (c) to train, evaluate, and improve our machine-learning models, in each case in accordance with our Privacy Policy. We will not publicly display your User Content as attributed to you without your consent.
Your Representations. You represent and warrant that (a) you own or have all rights necessary to submit your User Content and to grant the license above; (b) your User Content does not infringe or misappropriate the rights of any third party; and (c) your User Content does not violate any applicable law, regulation, or these Terms.
6. Acceptable Use
You agree not to, and not to allow any third party to:
- use the Service for any unlawful, fraudulent, or harmful purpose, including the appraisal of items that you do not have a legitimate basis to value;
- submit User Content depicting items you do not lawfully possess, items obtained through theft or other unlawful means, or content that depicts a minor in a sexualized manner;
- attempt to reverse engineer, decompile, disassemble, scrape, or otherwise derive the source code, algorithms, models, or underlying data of the Service, except to the limited extent applicable law expressly permits;
- use the Service to build a competing product, train a competing model, or compile a competing database;
- interfere with, disrupt, or impair the Service or any servers or networks connected to it, or violate any Service security feature;
- upload viruses, malware, or other malicious code;
- impersonate any person or misrepresent your affiliation with any person or entity;
- use automated means, including bots or scrapers, to access the Service or collect information from it without our prior written consent; or
- use the Service in a way that violates the rights of others, including intellectual-property, publicity, or privacy rights.
7. Intellectual Property
The Service, including all software, models, data, designs, text, graphics, logos, trademarks, and other content (other than User Content), is owned by Evaluu or its licensors and is protected by United States and international copyright, trademark, and other intellectual-property laws. Subject to these Terms, Evaluu grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved by Evaluu.
“Evaluu,” the Evaluu logo, the brand cadence “Scan. Know. Decide.,” and related marks are trademarks of Sellable, Inc. You may not use them without our prior written consent.
8. Third-Party Services and Content
The Service may incorporate or link to third-party services, content, or data, including pricing data from online marketplaces, payment processors, analytics providers, and identity providers. We do not control and are not responsible for any third-party services or content, and your use of any third-party service is subject to that third party’s terms and privacy policy. Evaluu does not endorse and is not responsible for the accuracy, completeness, or reliability of any third-party content used in or alongside the Service.
9. Privacy
Your use of the Service is also governed by our
Privacy Policy, which describes how we collect, use, and share information. By using the Service, you agree to the practices described there.
10. Feedback
If you submit suggestions, comments, ideas, or other feedback about the Service (“Feedback”), you grant Evaluu a perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, reproduce, modify, distribute, and exploit the Feedback for any purpose, without obligation or compensation to you.
11. Termination
You may stop using the Service at any time and may delete your account through the in-app settings. We may suspend or terminate your account and your access to all or part of the Service at any time, with or without notice, and with or without cause, including if we reasonably believe you have violated these Terms or that your conduct creates risk for Evaluu or other users. On termination, your right to access the Service ends, but Sections 5 (limited to the licenses granted), 7, 10, 13–24, and any other provisions that by their nature should survive will survive.
12. Changes to the Service
We may add, remove, change, or discontinue any aspect of the Service at any time, including features, content, pricing, and availability, with or without notice, except where applicable law requires notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
13. Disclaimers
THE SERVICE, INCLUDING ALL VALUATIONS AND OTHER CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EVALUU AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, EVALUU DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) VALUATIONS WILL BE ACCURATE, RELIABLE, OR REFLECT ANY PRICE A BUYER WOULD ACTUALLY PAY; OR (C) ANY DEFECTS WILL BE CORRECTED. ANY RELIANCE YOU PLACE ON THE SERVICE OR VALUATIONS IS AT YOUR OWN RISK.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVALUU OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF EVALUU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF EVALUU AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNT YOU PAID TO EVALUU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any such limitation is not enforceable in your jurisdiction, the limitations above will apply to the maximum extent permitted by law.
15. Indemnification
You agree to defend, indemnify, and hold harmless Evaluu and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your User Content; (b) your use of or access to the Service; (c) your breach of these Terms; (d) your violation of any law or the rights of any third party; or (e) any decision you make in reliance on a Valuation. Evaluu reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
16. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 18, any judicial proceeding will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction of those courts.
17. Informal Dispute Resolution
Before initiating arbitration, you agree to first contact us at evaluuapp@gmail.com
with a written description of your claim and a proposed resolution. We will attempt in good faith to resolve the dispute informally for at least 30 days after our receipt of your notice. Only if the dispute is not resolved within that period may either party initiate arbitration.
18. Binding Arbitration
Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, if those rules are unavailable, the AAA Commercial Arbitration Rules), as modified by these Terms. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be Wilmington, Delaware; however, you may elect to have the hearing conducted by video conference or, if an in-person hearing is required, in the U.S. county where you reside. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Exceptions. Either party may bring an individual action in small-claims court (if eligible) and may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights or address unauthorized access to the Service.
19. Class Action Waiver
YOU AND EVALUU 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE AS TO ANY CLAIM, THEN THE ENTIRETY OF SECTION 18 (BINDING ARBITRATION) WILL BE NULL AND VOID AS TO THAT CLAIM, AND THAT CLAIM WILL PROCEED IN A COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH SECTION 16 (GOVERNING LAW).
20. 30-Day Right to Opt Out of Arbitration
You may opt out of the arbitration and class-action-waiver provisions in Sections 18 and 19 by sending written notice of your decision to opt out to evaluuapp@gmail.com
within 30 days after first becoming subject to these Terms. Your notice must include your name, your account email address, and a clear statement that you want to opt out. Opting out will not affect any other provision of these Terms.
21. Apple App Store Additional Terms
If you obtained the Evaluu application from the Apple App Store, the following additional terms apply: (a) these Terms are entered into between you and Evaluu only, and not with Apple; (b) Evaluu, not Apple, is solely responsible for the application and its content; (c) Apple has no obligation to provide any maintenance or support services with respect to the application; (d) if the application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; otherwise, Apple has no warranty obligation, and any other claims will be the sole responsibility of Evaluu; (e) Apple is not responsible for addressing any claims by you or any third party relating to the application, including product-liability, regulatory, or intellectual-property claims; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
22. Google Play Additional Terms
If you obtained the Evaluu application from Google Play, your use is also subject to the Google Play Terms of Service. To the extent there is any conflict between these Terms and the Google Play Terms, these Terms will control with respect to your use of the Service, except as required by the Google Play Terms.
23. Notices
We may give notices to you by email to the address associated with your account, by in-app notification, or by posting on the Service. You may give notices to us at evaluuapp@gmail.com
or to the mailing address listed at the end of these Terms. Notices are deemed given when sent (for email and in-app notices) or three business days after mailing (for postal mail).
24. General
24.1 Entire Agreement
These Terms and any documents expressly incorporated by reference (including the Privacy Policy and any order forms or product-specific terms) constitute the entire agreement between you and Evaluu regarding the Service and supersede all prior or contemporaneous understandings.
24.2 Severability
If any provision of these Terms is held to be unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
24.3 No Waiver
Our failure to enforce any provision is not a waiver of our right to enforce it later.
24.4 Assignment
You may not assign or transfer these Terms or any of your rights under them without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this Section is void.
24.5 Force Majeure
We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, pandemics, governmental actions, internet or telecommunications failures, or third-party service disruptions.
24.6 Relationship of the Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Evaluu.
24.7 Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email, in-app notification, or by posting an update on the Service before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree, you must stop using the Service.
25. Contact
Sellable, Inc. d/b/a Evaluu
Email: evaluuapp@gmail.com
Notice — Not Legal Advice. This document is a template prepared as a drafting starting point. It has not been reviewed by counsel and should not be used in production without review and customization by a licensed attorney. Specific items to review with counsel include: state-by-state consumer-protection compliance (including any required New Jersey, California, or other jurisdictional notices), CCPA/CPRA-required terms, app-store policy alignment, marketplace or escrow features (if added), and any features that produce price predictions for items where additional regulatory regimes (e.g., antiques and collectibles, firearms, jewelry, motor vehicles) may apply.