SayWill.com – Terms of Use

Welcome to SayWill.com (“SayWill,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website, services, applications, and related features (collectively, the “Platform”).

By accessing or using SayWill.com, you (“you” or “user”) agree to be bound by these Terms and our [Privacy Policy]. If you do not agree to these Terms, please discontinue using the Platform immediately.

1. Nature of the Platform

SayWill.com is a community-based online marketplace that connects neighbors within the Austin, Texas area to buy, sell, trade, or offer services. The Platform is designed for neighbor-to-neighbor interactions and serves solely as an information and communication medium.

  • We do not own, inspect, or verify any items listed on SayWill.com.
  • All items are offered “as is” without any warranty or condition, whether express or implied.
  • We do not guarantee the accuracy, completeness, legality, or reliability of user-submitted listings or information.
  • We do not participate in or guarantee the performance of any transaction or service between users.

By using the Platform, you acknowledge that SayWill.com is not a party to any sale, exchange, or service agreement made between users.

2. Eligibility and Account Registration

  1. You must be at least 18 years old and capable of entering into legally binding contracts under Texas law.
  2. You agree to provide accurate, current, and complete information when creating an account and to maintain and update it as necessary.
  3. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
  4. SayWill.com reserves the right to suspend or terminate accounts if we suspect false, incomplete, or misleading information, or any activity that violates these Terms.

3. User Conduct

By using SayWill.com, you agree to use the Platform lawfully and respectfully. You agree not to:

  • Post or list any illegal, prohibited, stolen, counterfeit, or unsafe items.
  • Post any false, misleading, or deceptive information about items or services.
  • Offer or request services that require a license or certification you do not hold.
  • Upload or transmit any malicious software, spam, or harmful code.
  • Infringe upon any third-party intellectual property, privacy, or publicity rights.
  • Harass, defame, abuse, or threaten other users.
  • Manipulate the Platform, including fake reviews, fake listings, or data scraping.
  • Use the Platform for commercial solicitation unrelated to community exchanges.

Violation of these rules may result in suspension or permanent termination of your account, removal of content, and possible legal action.

4. Listings, Products, and Services

  1. Users are responsible for all content they post, including product descriptions, prices, conditions, and images.
  2. Sellers must clearly indicate if an item is used, refurbished, or pre-owned.
  3. All items are sold “as is”, meaning SayWill.com and the seller make no guarantees about quality, performance, or suitability.
  4. Service providers are independent individuals, not employees or agents of SayWill.com.
  5. SayWill.com does not vet or verify the qualifications, background, insurance, or licensing of service providers.
  6. Buyers and service recipients assume all risk associated with engaging with other users on the Platform.

5. Payments and Fees

  1. Transactions between users may occur directly or through third-party payment services (e.g., PayPal, Stripe, etc.).
  2. SayWill.com is not responsible for any payment disputes, refunds, chargebacks, or transaction errors.
  3. Any service fees charged by SayWill.com will be disclosed on the Platform prior to payment.
  4. Users are responsible for complying with applicable taxes and laws, including sales tax, use tax, or income tax reporting.

6. Disclaimers and Limitation of Liability

  1. The Platform is provided “as is” and “as available”, without any warranties of any kind, express or implied.
  2. SayWill.com makes no representation or warranty regarding:
    • The accuracy, completeness, or reliability of any content.
    • The safety, legality, or quality of any item or service offered.
    • The continuous, secure, or error-free operation of the Platform.
  3. To the fullest extent permitted by law, SayWill.com and its affiliates, officers, employees, or agents shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, goodwill, or data, resulting from:
    • Your access to or use of the Platform;
    • Any transaction, dispute, or interaction with another user;
    • Any content or conduct of a third party.
  4. You agree to release and hold harmless SayWill.com from any and all claims, demands, or damages arising from disputes between users.

7. Intellectual Property

  1. The Platform, its logo, design, layout, and all related materials are owned or licensed by SayWill.com and protected by U.S. copyright and trademark laws.
  2. Users retain ownership of the content they post but grant SayWill.com a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content for the purpose of operating and promoting the Platform.
  3. If you believe your intellectual property rights are being infringed, please contact us with a written notice at legal@saywill.com.

8. Privacy

Your use of SayWill.com is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Platform, you consent to the data practices described in that policy.

9. Termination

SayWill.com may, at its discretion and without prior notice:

  • Suspend or terminate your account;
  • Remove or modify listings;
  • Restrict your access to certain features;
  • Take legal action if necessary.

Termination does not relieve you of any obligations incurred before such termination.

10. Governing Law and Dispute Resolution

  1. These Terms shall be governed by and construed under the laws of the State of Texas, without regard to its conflict-of-law principles.
  2. Any disputes arising out of or related to these Terms or the Platform shall be resolved in the state or federal courts located in Travis County, Texas.
  3. Both parties consent to the exclusive jurisdiction and venue of such courts.

11. Indemnification

You agree to defend, indemnify, and hold harmless SayWill.com and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your:

  • Use or misuse of the Platform;
  • Violation of these Terms;
  • Violation of any law or third-party rights.

12. Modifications to Terms

SayWill.com reserves the right to update or modify these Terms at any time. Changes will be effective upon posting. Continued use of the Platform after any such update constitutes your acceptance of the revised Terms.