Terms of Service
Effective: May 29, 2026 · Last updated: May 29, 2026
Pacey is a marketplace tool that helps you turn photos into listings with AI and connect with buyers and sellers. You're responsible for your listings and your conduct; Pacey is the venue, not a party to deals between users. If we ever disagree, disputes are handled by binding individual arbitration.
This document was prepared based on Pacey's product and operational practices as of May 29, 2026. We recommend reviewing it with legal counsel before relying on it for any specific legal matter. For questions, contact [email protected].
These Terms of Service ("Terms") govern your access to and use of Pacey ("Pacey", "we", "us", "our") — including trypacey.com, the web app at app.trypacey.com, our iOS app, and any related services (collectively, the "Service"). The Service is operated by One Take Agency LLC.
By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Who can use Pacey
You must be at least 13 years old, and old enough to form a binding contract in your jurisdiction, to use the Service. Some features that may be added in the future (such as payments) will require you to be at least 18. By using the Service, you represent that you meet these requirements.
2. Your account
- You may hold one account per person, and you agree to provide accurate information and keep it up to date.
- You are responsible for keeping your sign-in credentials secure and for all activity under your account.
- You may not share, sell, or transfer your account, or use someone else's account without permission.
3. How the marketplace works
Pacey is a venue and a set of tools that let you create listings, set prices, and communicate with other users. We are not a party to any transaction between users, and we do not own, inspect, store, or take possession of the items listed.
Pacey does not currently process payments or arrange shipping. Buyers and sellers agree on payment and delivery directly with each other (for example, local pickup or another method you choose). You are responsible for choosing safe payment and delivery methods and for completing your own transactions.
- Sellers are responsible for their listings — the accuracy of photos, descriptions, condition, and price — and for delivering items, honoring what they promise, and paying any taxes on what they earn.
- Buyers are responsible for their own purchasing decisions.
- We may offer best-effort help with problems, but we are not the arbiter of disputes between users and are not responsible for user-to-user transactions.
4. Listings & prohibited items
You may only list items that you own and have the legal right to sell. You may not list, sell, or attempt to sell:
- Illegal goods, stolen goods, or counterfeit/replica items
- Weapons, firearms, ammunition, or explosives
- Drugs, drug paraphernalia, prescription medications, tobacco, vaping products, or alcohol
- Ivory or other protected animal products, or live animals
- Recalled items or hazardous materials
- Items you don't own or don't have the right to sell
- Items that infringe intellectual property or violate someone's privacy
- Adult or sexually explicit material
- Anything else prohibited by applicable law or these Terms
We reserve the right to remove any listing, suspend any account, and refuse service to anyone, at our discretion — especially where we believe a listing or user violates these Terms or the law.
5. Acceptable use
When using the Service, you agree NOT to:
- Misrepresent the condition, brand, or authenticity of an item
- Harass, threaten, or abuse other users, or post hateful, defamatory, obscene, or fraudulent content
- Send spam, scams, phishing, or unsolicited commercial messages in direct messages
- Impersonate any person or entity, or misrepresent your identity or affiliation
- Manipulate reviews, ratings, or seller reputation
- Scrape, reverse-engineer, or use bots or automated tools, except through documented APIs we provide
- Interfere with, disrupt, or attempt to breach the security of the Service
- Evade limits, suspensions, or other enforcement, or otherwise misuse the Service
- Violate any law, regulation, or third-party right
6. AI-generated content
Pacey uses AI to help generate titles, descriptions, pricing suggestions, and tags from the photos and information you provide. You understand that:
- AI output is a suggestion — you are responsible for reviewing it for accuracy before publishing.
- AI-generated content may contain errors. You are responsible for any listing you publish.
- By uploading photos and content, you grant us permission to process them through our AI providers to generate listings, as described in our Privacy Policy.
7. Your content & the license you grant
You keep ownership of the content you create — your photos, listings, AI-assisted drafts, and messages. Pacey does not claim ownership of your content. To operate, improve, and promote the Service, you grant Pacey a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for example, to resize images), display, and distribute your content as needed to run the marketplace.
You represent that you have all rights necessary to grant this license and that your content does not infringe anyone else's rights.
8. eBay & third-party listings
The marketplace may show live listings from eBay (via eBay's Browse API). If you tap an eBay listing, you'll be taken to eBay through an affiliate link, and Pacey may earn a commission at no additional cost to you. eBay listings and any purchases you make on eBay are governed by eBay's own terms. Pacey is not responsible for third-party listings, services, or websites we link to.
9. Fees & subscriptions
Pacey is currently free to use, and we do not charge commission on sales because we do not process payments. If we introduce paid subscriptions or fees in the future, we will disclose them clearly before they apply, and you agree not to arrange transactions off-platform for the specific purpose of avoiding fees that apply to you. Any auto-renewing subscription offered through the Apple App Store will be billed through your Apple ID and can be managed or canceled in your device's Settings, in accordance with Apple's rules.
10. Intellectual property
The Service — including its software, design, logos, and trademarks (including the Pacey name and logo) — is owned by One Take Agency LLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our written permission.
11. Third-party services
The Service relies on third parties including Supabase, Google, OpenAI, Apple, Expo, eBay, and Cloudflare. Your use of features powered by these services may also be subject to their terms. We are not responsible for third-party services, listings, or websites.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not guarantee any particular outcome from using the Service (including any sale, sale price, or transaction success).
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONE TAKE AGENCY LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (b) ONE HUNDRED US DOLLARS ($100).
14. Indemnification
You agree to indemnify and hold harmless One Take Agency LLC, its affiliates, and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your content, (c) your violation of these Terms, or (d) your violation of any third party's rights or applicable law.
15. Termination
You may delete your account at any time inside the app. We may suspend or terminate your access — with or without notice — if we believe you have violated these Terms or the law, or to protect users or the Service. Sections that by their nature should survive termination (your content license, intellectual property, disclaimers, limitation of liability, indemnification, disputes & arbitration, and governing law) will survive.
16. Disputes & arbitration
Please read this section carefully — it affects how disputes between you and Pacey are resolved.
Informal resolution first
Before starting a formal proceeding, you agree to email us at [email protected] and give us 30 days to try to resolve the dispute informally.
Binding arbitration
If we can't resolve it, you and Pacey agree that any dispute 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, rather than in court. The arbitration will take place in San Diego County, California, or by phone or video, or wherever else applicable law requires.
Class action waiver
Disputes will be arbitrated only on an individual basis. You and Pacey waive any right to participate in a class, collective, consolidated, or representative action.
Small-claims carve-out
Either party may instead bring an eligible claim in small-claims court.
30-day opt-out
You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts described below.
Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. For any matter not subject to arbitration, you and Pacey consent to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.
17. Apple App Store terms
If you download the app from the Apple App Store, you acknowledge that these Terms are between you and Pacey, not Apple, and that Apple is not responsible for the app or its content. Apple has no obligation to provide support or maintenance for the app. To the extent the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Apple is not responsible for addressing any claims relating to the app, including product-liability, regulatory, or intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
18. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and provide notice through the app or by email at least 30 days in advance where feasible. Your continued use of the Service after changes take effect means you accept the updated Terms.
19. Severability
If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
20. Contact us
Questions about these Terms?
- Email: [email protected]
- Mailing address: One Take Agency LLC · San Diego, CA