Estate Sale Gnome

Terms of Service

Last reviewed: August 15, 2026 · These terms govern use of estatesalegnome.com and the Estate Sale Gnome service, operated by Gnome Ventures, a United States company.

The short version

  • Your items, photos, and sale records are yours.
  • AI appraisals are guidance — you approve every price, and the sale decisions are yours.
  • Early access is provided as-is while we build; we'll treat you like an adult about changes.
  • Don't use the service to sell what you don't own or can't legally sell.

1. The service

Estate Sale Gnome turns photos of items into AI-generated appraisals and listings, manages publishing to online marketplaces, and records sales and receipts. During early access, features may change, arrive, or occasionally misbehave; we publish what's live versus rolling out on the pricing page and we don't charge for early access membership itself.

2. Your account

Accounts are provisioned through the early-access program. Keep your credentials to yourself; you're responsible for activity under your account. Tell us immediately at [email protected] if you believe your account is compromised.

When you create an account you accept the version of these terms in force that day, and we record which version you accepted and when. You can ask us for that record at any time.

3. Your content

You keep all rights to your photos, item data, and sale records. You give us the limited license needed to operate the service on them — storing, processing for appraisal, generating listings, publishing where you direct. We don't sell your content and we don't use it to train public AI models (see the Privacy Policy).

4. Appraisals are guidance

AI appraisals, suggested prices, and confidence levels are informational tools, not professional valuations, and not a guarantee an item will sell at any price. For items that may be unusually valuable — fine art, jewelry, rare collectibles — get a qualified human appraisal before selling. The decision to list, the final price, and the sale itself are yours.

5. Your responsibilities

  • Only sell items you own or are legally authorized to sell (including authority to act for an estate).
  • Comply with the rules of each marketplace where you list, and with applicable law — including items that are restricted or prohibited to sell.
  • Handle your buyers honestly: accurate condition, agreed prices, receipts as issued.
  • Don't attempt to break, probe, or overload the service.

5.1 Buyer inquiries are a trust, not a list

Your storefront lets a member of the public send you their name, mobile number and email address to ask about specific items. When that happens you are receiving a stranger’s contact details for one purpose: answering that person about those items.

  • Use it to reply, and for nothing else. You may not add an inquiring buyer to a mailing list, a text-blast list, an autodialer, or any marketing programme, and you may not sell, rent or otherwise transfer their details to anyone.
  • Automated calls and texts are your legal exposure, not ours. Submitting an inquiry is not consent to be called or texted by an automatic dialing system or a prerecorded voice. The Telephone Consumer Protection Act treats that consent as a separate thing that must be obtained separately, and the statutory damages run per message. If you send commercial email, the CAN‑SPAM Act applies to you as the sender: accurate headers and subject, a physical postal address, and a working opt‑out you honor.
  • Delete on request. If a buyer asks you to remove their details, do it, and don’t contact them again.
  • Keep it to your sale. Buyer inquiries reach you because they came through your storefront. They are not a customer list you take with you, and using them to promote an unrelated business is a breach of these terms.

You are the one who decides what to say to a buyer and how. You indemnify Estate Sale Gnome against claims arising from how you contact people who inquire through your storefront, including claims under the TCPA, the CAN‑SPAM Act, and state telemarketing or consumer‑protection law. We may suspend or close an account we believe is misusing buyer contact details, and we will act on a complaint from a buyer.

6. Marketplaces are theirs, not ours

eBay, Etsy, Reverb, Discogs, Facebook Marketplace, Craigslist, OfferUp, Vendoo, and similar platforms are independent companies with their own terms and fees. We prepare and deliver listings; your relationship with buyers, and any marketplace fees, are between you and the marketplace.

6.1 Publishing through our developer access

Some marketplaces are reached through a developer application that we hold and operate. When you connect one of those marketplaces, you are not getting your own developer account — you are authorising us to act on your behalf under ours. Those marketplaces grant us that access on conditions we are required to pass on to you, so by connecting one you agree that:

  • You are bound by the API license terms of that marketplace — for eBay, its API License Agreement as published by eBay — to the same extent we are.
  • That marketplace is a third-party beneficiary of this agreement between you and us, and may enforce these marketplace terms directly against you.
  • The access we extend to you is revocable at any time, by the marketplace or by us where the marketplace requires it, without notice if their rules demand it.
  • Our application credentials are never shared with you, and you must not seek them or attempt direct programmatic control of a marketplace API through us. Every call made on your behalf runs through our application keys and our software.
  • Conduct that breaches a marketplace's rules under our access is treated as a breach of these terms, because the marketplace treats it as ours.

You keep your own accounts with these marketplaces, and you remain the seller of record. Where a marketplace lets you connect a personal token instead — Reverb and Discogs today — you supply that token yourself and the sublicense terms above do not apply to it.

6.2 Etsy

This application uses the Etsy API but is not endorsed or certified by Etsy, Inc. Etsy is a trademark of Etsy, Inc.

7. Fees

Early access membership is free. Published subscription pricing arrives at general availability; early-access members get advance written notice and the choice to subscribe or export their data and leave. We will never convert you to a paid plan silently.

8. Termination

You can leave any time — export your data first, then tell us to close the account. We can suspend accounts that violate these terms or abuse the service, with notice and the reason unless the abuse makes that impractical.

9. Disclaimers and limits

The service is provided "as is" during early access, without warranties of merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by law, Gnome Ventures' total liability arising out of the service is limited to the amount you paid us in the twelve months before the claim (which, during free early access, may be zero). Nothing in these terms limits liability that cannot be limited under applicable law.

10. Governing law

These terms are governed by the laws of the State of Nevada and applicable United States federal law. Disputes will be resolved in the state or federal courts located in Nevada.

11. Changes

If these terms change materially, the "Last reviewed" date changes and account holders get email notice before the new terms take effect. Continued use after the effective date is acceptance.

Contact

Questions about these terms: [email protected].