Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the ShelfProud website at shelfproud.com, the ShelfProud desktop application for macOS and Windows (the "App"), access keys, and the ShelfProud application programming interface (together, the "Service"). The Service is operated by ShelfProud ("ShelfProud", "we", "us").

By downloading, installing, accessing or using any part of the Service you agree to these Terms. If you do not agree, do not download, install or use the Service.

1. Eligibility

You must be at least 18 years old, or the age of legal majority where you live, and able to enter into a binding contract. By using the Service you represent that you meet these requirements.

2. What the Service is

ShelfProud is a software tool that helps you find book listings. The App runs on your own computer and, at intervals you choose, searches third-party websites and services (such as marketplaces, booksellers and auction platforms, "Third-Party Sites") for the search terms you save, and notifies you about listings it has not seen before. Some searches are carried out through our servers using the official interfaces of certain Third-Party Sites.

ShelfProud is an independent tool. We are not affiliated with, endorsed by, or acting on behalf of any Third-Party Site. All trademarks belong to their respective owners and are used only to identify the services the App can search.

3. Beta, access keys and availability

• The Service is currently offered free of charge as an invite-only beta. Beta software may contain errors, change, or stop working at any time.
• Access keys are personal to you, confidential and non-transferable. You may not share, sell, publish or sublicense an access key. You are responsible for all use of your key.
• We may issue, limit, suspend or revoke any access key, and suspend or end the Service or any part of it, at any time, for any reason or no reason, with or without notice and without liability. When a key is revoked, the App stops working until a valid key is entered.
• We may introduce paid plans in the future. Nothing in these Terms obliges us to keep the Service free or available.

4. Your responsibilities when using Third-Party Sites

The App accesses Third-Party Sites from your computer and on your instructions. You are solely responsible for:

• complying with the terms of service, rules and policies of every Third-Party Site you choose to search, and with all laws that apply to you;
• the search terms you save, the frequency of searches you configure, and any action Third-Party Sites take in response, including rate limits, challenges ("are you human?" checks), blocks, or the restriction or closure of any account you hold with them;
• any purchase, bid, offer, message or other dealing with a seller or auction house. All transactions take place directly between you and the seller or auction house on the Third-Party Site. ShelfProud is not a party to them and has no responsibility for them.

We do not control Third-Party Sites and do not verify listings. Listing titles, descriptions, prices, estimates, images, availability, condition, authenticity, edition or signature claims are provided by third parties and may be inaccurate, incomplete, out of date or unlawful. You must verify every listing yourself before relying on it.

5. Acceptable use

You agree not to, and not to allow anyone else to:

• copy, modify, distribute, sell, rent or create derivative works of the App, or remove any proprietary notices;
• reverse engineer, decompile or disassemble the App, except to the extent applicable law expressly permits despite this restriction;
• use the Service or our API outside the App, or to build a competing product, or to resell, republish or redistribute data obtained through the Service;
• circumvent access keys, rate limits or other technical restrictions, or interfere with the security or operation of the Service;
• use the Service for any unlawful, fraudulent or abusive purpose, or in a way that could harm us, other users or any Third-Party Site.

6. Content on our website

Guides, articles and other content on our website are provided for general information only. They are not professional advice, appraisal, valuation or authentication of any book, signature or item, and may contain errors. Always do your own research and, for valuable items, consult a qualified specialist.

7. Intellectual property and licence

The Service, including the App, website, content, design and trademarks, is owned by ShelfProud or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable licence to install and use the App on computers you own or control, for your own non-commercial use, for as long as you hold a valid access key. All rights not expressly granted are reserved.

If you send us feedback or suggestions, you grant us a perpetual, worldwide, royalty-free right to use them without obligation to you.

8. Installation and updates

The App is distributed directly from our website and is not distributed through official app stores; your operating system may warn you before running it. You install and run the App at your own risk and are responsible for maintaining appropriate backups and security on your devices. We may provide updates, which may be required to keep using the Service, and may change or remove features at any time.

9. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", with all faults and without warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability or quiet enjoyment. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that it will find any particular listing, that notifications will be delivered or arrive before other buyers, that results will be complete or accurate, or that any Third-Party Site will remain accessible through the Service.

10. Limitation of liability

To the maximum extent permitted by law, in no event will ShelfProud or its owners, operators, contributors or suppliers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, opportunities or purchases (including any missed, delayed or unsuccessful purchase or bid), or for any loss arising from Third-Party Sites, listings, sellers, auction houses or transactions, or from the suspension of any account you hold with a Third-Party Site, however caused and under any theory of liability, even if advised of the possibility of such damages. Our total aggregate liability for all claims relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the claim, and fifty US dollars (USD 50).

Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions our liability is limited to the fullest extent permitted by law.

11. Indemnification

You agree to defend, indemnify and hold harmless ShelfProud and its owners, operators and contributors from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your breach of these Terms, your violation of any law or of the rights of any third party, or your use of any Third-Party Site.

12. Termination

You may stop using the Service at any time by uninstalling the App. We may suspend or terminate your access at any time as described in section 3. Sections 4 to 7 and 9 to 15 survive termination.

13. Changes to these Terms

We may change these Terms at any time by posting the updated version on this page and updating the date above. Changes take effect when posted. Your continued use of the Service after a change means you accept the updated Terms.

14. Governing law and disputes

These Terms are governed by the laws of the Argentine Republic, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be submitted exclusively to the competent courts of the Autonomous City of Buenos Aires, Argentina, and you consent to their jurisdiction, except where mandatory consumer-protection law of your country of residence gives you the right to bring proceedings elsewhere.

15. General

These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them without restriction. Nothing in these Terms creates any partnership, agency or employment relationship.

16. Contact

Questions about these Terms: [email protected].