Terms of Use

1. Acceptance of Terms

By accessing, browsing, or using The Appraisal Wizard at xchannel.com ("the Service"), operated by XChannel ("we," "us," "our"), you ("User," "you," "your") agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and our Disclaimers.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to any part of these Terms, you must immediately stop using the Service.

2. Description of Service

The Appraisal Wizard is an AI-powered item identification and valuation tool. Users upload photographs of items, and the Service uses artificial intelligence and real-time market data to:

• Identify the item (name, brand, model, category, approximate year).
• Estimate the item's current market value based on comparable listings from online marketplaces.
• Provide selling recommendations through the Selling Wizard feature.
• Maintain a history of past appraisals for registered users.

The Service is available through a web browser at xchannel.com. Features may vary between free and paid subscription tiers.

3. Eligibility

• You must be at least 13 years of age to use the Service.
• You must be at least 18 years of age (or the age of majority in your jurisdiction) to purchase a subscription or enter into a binding agreement.
• If you are between 13 and 18, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
• You must not have been previously banned or terminated from the Service.
• You must comply with all applicable local, state, national, and international laws.

4. User Accounts

4.1 Registration

Certain features require account registration. When registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your information to keep it accurate.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized access or security breach.

4.2 One Account Per Person

Each individual may maintain only one account. Creating multiple accounts to circumvent free-tier limits, evade a ban, or for any other purpose is prohibited and grounds for termination of all accounts.

4.3 Account Security

We are not liable for any loss or damage arising from your failure to protect your account credentials. You are solely responsible for any activity under your account, whether or not authorized by you.

5. Subscriptions & Billing

5.1 Subscription Plans

The Service offers paid subscription plans for unlimited access. Current pricing is displayed on our Pricing page. Subscriptions provide unlimited appraisals, full history access, and the Selling Wizard.

5.2 Billing

• Subscriptions are billed on a recurring monthly basis through Stripe.
• Payment is due at the start of each billing cycle.
• All prices are in US Dollars (USD) unless otherwise stated.
• You are responsible for all applicable taxes associated with your subscription.

5.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. Your payment method on file will be charged automatically.

5.4 Cancellation

• You may cancel your subscription at any time through the Manage Subscription page via Stripe's customer portal.
• Cancellation takes effect at the end of your current billing period. You will retain access to paid features until then.
• No partial refunds are provided for unused time within a billing period.

5.5 Refunds

Refunds are handled as follows:

• Within 14 days of first subscription: Full refund if fewer than 5 appraisals have been made during the subscription period.
• Billing errors: Full refund for any duplicate charges or incorrect billing amounts.
• Service outages: Pro-rated credit for extended outages (24+ hours) affecting paid features.
• All other cases: Refund requests are reviewed individually at our discretion.

If you believe you are entitled to a refund due to a billing error or service issue, contact us at support@xchannel.com within 14 days of the charge. We reserve the right to grant or deny refund requests at our discretion.

5.6 Price Changes

We reserve the right to modify subscription pricing. Active subscribers will be notified at least 30 days before any price increase takes effect. Price changes apply to your next billing cycle after the notice period. If you do not agree to the new pricing, you may cancel before it takes effect.

5.7 Failed Payments

If a payment fails, we may retry the charge and/or suspend your access to paid features until payment is successfully processed. Repeated payment failures may result in subscription cancellation.

6. Free Tier

• Unsubscribed users receive a limited number of free appraisals (currently 10).
• Free appraisals are tracked by user account (if logged in) or by IP address (if not logged in).
• Free-tier limits are non-transferable and non-refundable.
• Attempting to circumvent free-tier limits through multiple accounts, VPNs, IP manipulation, or other methods is a violation of these Terms.
• We reserve the right to change the number of free appraisals at any time without notice.

7. Acceptable Use Policy

You agree NOT to use the Service to:

• Upload, transmit, or store illegal, obscene, threatening, defamatory, or harmful content.
• Upload photos depicting illegal items, controlled substances, weapons (where prohibited), or stolen property.
• Facilitate fraud, theft, deception, or illegal activity of any kind.
• Generate appraisals for the purpose of insurance fraud, tax evasion, or deceptive sales practices.
• Misrepresent AI-generated estimates as certified, professional, or legally binding appraisals.
• Scrape, crawl, or use automated tools to access the Service or extract data.
• Reverse-engineer, decompile, or attempt to extract source code from the Service.
• Circumvent free-tier limits, security measures, or access controls.
• Interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure.
• Impersonate another person or entity.
• Upload photos you do not own or have the right to use.
• Use the Service in any way that violates applicable laws or regulations.
• Transmit viruses, malware, or any code of a destructive nature.

7.2 Prohibited Items

You may NOT submit photos of the following items for appraisal:

• Stolen property or items you do not own or have authorization to appraise.
• Illegal drugs, controlled substances, or drug paraphernalia.
• Firearms, explosives, or weapons prohibited by applicable law.
• Counterfeit goods or items intended to be sold as counterfeit.
• Pornographic, obscene, or sexually explicit material.
• Human remains, body parts, or items made from endangered species.
• Items that promote hate, violence, or discrimination.
• Hazardous materials or items that pose a safety risk.

We reserve the right to remove any content depicting prohibited items and terminate accounts that repeatedly submit such content.

Violation of this Acceptable Use Policy may result in immediate account termination, subscription cancellation without refund, and potential legal action.

8. Photos & User Content

8.1 Ownership

You retain all ownership rights to the photos and content you upload to the Service. We do not claim ownership of your content.

8.2 License Grant

By uploading photos to the Service, you grant XChannel a limited, non-exclusive, non-transferable, revocable license to:

• Process your photos through our AI systems for item identification.
• Store your photos on our servers for the purpose of providing your appraisal history.
• Send your photos to third-party AI providers solely for processing your appraisal request.

This license exists only for the purpose of providing the Service and terminates when you delete your account or request deletion of your photos.

8.3 Your Representations

By uploading content, you represent and warrant that:

• You own the content or have the right to upload it.
• The content does not infringe on any third party's intellectual property or privacy rights.
• The content does not violate any applicable law.
• The content does not depict illegal items or activities.

8.4 Content Monitoring

We reserve the right (but have no obligation) to monitor, review, or remove any content uploaded to the Service. We may remove content that violates these Terms or that we find objectionable, without notice.

8.5 Feedback & Suggestions

If you provide feedback, suggestions, corrections, or ideas regarding the Service or its AI accuracy ("Feedback"), you grant XChannel an irrevocable, perpetual, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation of compensation, attribution, or confidentiality to you.

9. Intellectual Property

9.1 Our Property

The Service, including its design, code, AI models, algorithms, branding, logos, text, graphics, and user interface, is the property of XChannel and is protected by copyright, trademark, and other intellectual property laws. See our Trademarks page for details.

9.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Modify, copy, or create derivative works of the Service.
• Sell, resell, sublicense, or commercially exploit the Service.
• Use data mining, robots, or similar data-gathering tools on the Service.
• Frame, mirror, or otherwise incorporate any part of the Service into another website or application without prior written consent.

10. AI-Generated Content Disclaimer

You acknowledge and agree that:

• AI may misidentify items, assign incorrect categories, or miss important details.
• Price estimates are based on publicly available listing data, not verified completed sales.
• Market values fluctuate and estimates may become outdated quickly.
• The AI cannot verify authenticity, provenance, condition nuances, or rarity that significantly affect value.
• Results may vary based on photo quality, lighting, angles, and visible details.
• You should not rely solely on AI-generated estimates for financial, legal, insurance, or tax decisions.
• By using the Service, you expressly acknowledge these limitations and agree that you are solely responsible for verifying any AI-generated output before acting on it.

10.1 AI System Limitations & User Acknowledgement

You expressly acknowledge and agree that:

• The AI system is probabilistic and may produce inaccurate, incomplete, or erroneous identifications and valuations.
• The system's performance is dependent on the quality, lighting, and angle of the photographs you provide.
• The AI is trained on a finite dataset and may not recognize rare, custom-made, or extremely novel items.
• Market value estimations are based on aggregated, third-party data and are not a guarantee of an item's selling price.
• You are solely responsible for verifying any AI-generated output before relying on it for any purpose, especially for financial or insurance decisions.

11. Not a Professional Appraisal

THE SERVICE IS NOT A SUBSTITUTE FOR A CERTIFIED, LICENSED, OR PROFESSIONAL APPRAISER. Our AI-generated estimates do not constitute:

• Certified appraisals for insurance, estate, tax, legal, or donation purposes.
• Authentication or verification of item genuineness or origin.
• Professional grading of collectibles, coins, stamps, gems, art, or trading cards.
• Legally binding or guaranteed valuations of any kind.
• Financial, investment, or professional advice.

For high-value items, rare collectibles, antiques, fine art, jewelry, real estate, vehicles, or items needed for legal, insurance, estate, or tax purposes, you should always consult a qualified professional appraiser certified by a recognized appraisal organization (such as the American Society of Appraisers, International Society of Appraisers, or Appraisers Association of America).

12. 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, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) THE QUALITY OF ANY INFORMATION, CONTENT, OR SERVICES OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XCHANNEL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XCHANNEL, ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL XCHANNEL'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO XCHANNEL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100.00).

This includes but is not limited to liability for:

• Financial losses from buying or selling based on our AI-generated estimates.
• Insurance claims submitted using our valuations.
• Misidentification of items or incorrect categorization.
• Inaccurate pricing or market value estimates.
• Decisions made using the Service as a primary or sole information source.
• Service downtime, data loss, or security breaches.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless XChannel, its owners, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Any content you upload or submit through the Service.
• Your misrepresentation of AI-generated estimates as professional appraisals.

15. Dispute Resolution & Arbitration

15.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at support@xchannel.com and attempt to resolve the dispute informally for at least sixty (60) days.

15.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Orange County, California, unless you and XChannel agree otherwise.

15.3 Class Action Waiver

YOU AND XCHANNEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Exceptions

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights. Claims eligible for small claims court may be brought there instead of arbitration.

15.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@xchannel.com within 30 days of creating your account. The notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

16. Governing Law

These Terms and any disputes arising from or related to the Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. To the extent that arbitration does not apply, you consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California.

17. Termination

17.1 By You

You may stop using the Service at any time. You may delete your account through your Profile page or by contacting us. Account deletion will cancel any active subscription at the end of the current billing period.

17.2 By Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including but not limited to:

• Violation of these Terms or the Acceptable Use Policy.
• Fraudulent, abusive, or illegal activity.
• Non-payment of subscription fees.
• Extended periods of inactivity (accounts inactive for more than 24 months).
• At our sole discretion, for any reason.

17.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We may delete your account data, including photos and appraisal history, within 30 days of termination. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law) shall survive.

18. Modifications to Service & Terms

18.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

18.2 Terms Changes

We may revise these Terms at any time. Material changes will be communicated via email to registered users or by posting a prominent notice on the Service at least 14 days before they take effect. Non-material changes may take effect immediately upon posting.

Your continued use of the Service after any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your account.

19. Third-Party Services & Links

The Service may contain links to third-party websites, services, or resources (including marketplace listings in pricing results). These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party services.

Your interactions with third-party services are solely between you and the third party. We are not responsible for any damage or loss caused by your use of or reliance on third-party content, goods, or services.

20. DMCA & Copyright

We respect intellectual property rights. If you believe that content on the Service infringes your copyright, you may submit a DMCA takedown notice to our designated agent:

Your notice must include:

1. A description of the copyrighted work you claim has been infringed.
2. A description of where the infringing material is located on the Service.
3. Your contact information (name, address, phone, email).
4. A statement that you have a good faith belief that the use is not authorized.
5. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
6. Your physical or electronic signature.

We will respond to valid DMCA notices and may remove infringing content. Repeat infringers may have their accounts terminated.

21. Severability & Waiver

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall 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. Any waiver must be in writing and signed by XChannel to be effective.

22. Entire Agreement

These Terms, together with our Privacy Policy, Disclaimers, and Trademarks page, constitute the entire agreement between you and XChannel regarding the Service. These Terms supersede any prior agreements, communications, or understandings, whether oral or written, regarding the Service.

23. Contact Information

For questions about these Terms, contact us at: