Agreement
These Terms of Service (“Terms”) are an agreement between you and Porchly (“Porchly,” “we,” “us”). They cover the Porchly app for iPhone, the website at porchly.shop, and related services (together, the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use the Service.
Who can use Porchly
You must be at least 18 years old and able to enter a binding contract to use Porchly. You may only use Porchly if you’re allowed to under the laws that apply to you. One person may have one account.
Your account
You can sign up with an email address and password, Sign in with Apple, or Google. Keep your login details private and tell us right away if you think someone else is using your account. You’re responsible for what happens under your account.
Give accurate information, including your name and the area you choose. You can change your profile or delete your account at any time in the app under You → Settings → Delete my account.
How Porchly works
Porchly helps people find and host in-person yard sales, garage sales, estate sales, moving sales, flea markets and similar events. We are not a party to any sale. Hosts and buyers deal directly with each other, in person, and pay each other directly (for example in cash or with a payment app). Porchly doesn’t handle payments between hosts and buyers, doesn’t take possession of items, and doesn’t guarantee any item, price, listing, host or buyer.
Distances, travel times, routes and turn-by-turn directions are estimates provided with Apple Maps and may be wrong. Always follow traffic laws and road signs, and don’t handle your phone while driving.
Hosting a sale
- One sale at a time. You can have one scheduled or live sale at a time. Your next sale unlocks when the current one ends or is cancelled.
- Be accurate. Listings must describe a real sale you’re running, with a correct date, time, address and item details. Photos must be yours or ones you have the right to use.
- Follow local rules. You’re responsible for any permits, HOA or landlord rules, signage limits, parking, taxes and other laws that apply to your sale.
- Your address. If you choose to hide your address until sale day, buyers see your neighborhood until the sale starts and your full address on the day of the sale. Don’t post an address you aren’t entitled to use.
- Holds. If you accept a hold, please keep the item for the time you agreed (5–30 minutes). You can end a hold early if the buyer doesn’t show.
Buying, holds and reviews
Inspect items yourself before you pay. Prices are set by hosts, and any deal is between you and the host. When you request a hold, only do so if you intend to come; repeated no-shows are recorded on your buyer profile and may limit your ability to request holds.
After a sale, hosts and buyers can review each other. Reviews must be honest and based on a real interaction. We may remove reviews that break these Terms, but we don’t edit reviews to change their meaning.
What’s not allowed
You may not list, offer or use Porchly to arrange the sale of:
- weapons, firearms, ammunition, explosives or their parts;
- alcohol, tobacco, vapes, cannabis, drugs, prescription medicine or drug paraphernalia;
- stolen goods, counterfeits, or items that infringe someone else’s rights;
- recalled, unsafe or hazardous items (including car seats or cribs that fail current safety standards);
- live animals, human remains or body parts, or protected wildlife products;
- adult content, or anything else that’s illegal where you or the buyer are.
You also may not harass, threaten or discriminate against anyone; post false, misleading or spam listings; use Porchly to collect other people’s information; scrape, copy or resell the Service; interfere with how it works; or try to get around safety features such as hidden addresses, blocks or reports.
What you post
You keep ownership of the photos, listings, messages, reviews and other content you post (“Your Content”). You give Porchly a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, adapt (for example, resize or crop) and distribute Your Content to run, promote and improve the Service, including showing your sales on shared links and yard-sign QR codes. This license ends when you delete the content or your account, except where others have already shared it or we need to keep it for legal reasons.
You’re responsible for Your Content and confirm you have the rights to post it. We may remove content or limit accounts that break these Terms or the law.
Reports and safety
You can report a sale, a person or a message from inside the app. We review reports and may remove content, limit features, or suspend accounts. Meeting strangers carries some risk: meet in daylight where possible, bring a friend for large pickups, and trust your instincts. If you’re ever in danger, call 911.
Porchly Plus and Boosts
Porchly Plus is an optional subscription that adds features such as more featured items and seller analytics. It’s offered monthly or yearly through Apple’s In-App Purchase and may include a free trial for eligible new subscribers.
- Payment is charged to your Apple ID when you confirm the purchase (or when a free trial ends).
- Subscriptions renew automatically at the same price and length unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.
- Manage or cancel your subscription in your iPhone’s Settings → [your name] → Subscriptions. Deleting the app or your Porchly account doesn’t cancel it.
- Any unused part of a free trial is forfeited when you buy a subscription.
Boosts are one-time purchases that make a specific sale more visible for a set time window. A Boost applies only to the sale you buy it for and ends when its window ends or the sale ends.
Prices are shown in the app before you buy. Refunds for purchases made through Apple are handled by Apple under its policies; you can request one at reportaproblem.apple.com.
Apple and the App Store
If you downloaded Porchly from the App Store: these Terms are between you and Porchly, not Apple. Apple isn’t responsible for the app or its content, has no obligation to provide maintenance or support, and isn’t responsible for any claims about the app (including product liability, legal compliance, or intellectual property claims). If the app fails to meet any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of the app must also follow the App Store’s usage rules.
Other services
Porchly uses services from other companies, including Apple (Sign in with Apple, Maps, In-App Purchase), Google (Google sign-in), and our hosting and email providers. Your use of those services may be subject to their own terms.
Ending your use
You can stop using Porchly and delete your account at any time. We may suspend or close accounts that break these Terms, put others at risk, or create legal exposure for us, and we may change or stop parts of the Service. Sections that by their nature should survive (such as content licenses for already-shared content, disclaimers, limits of liability and disputes) survive termination.
Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, PORCHLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON’T GUARANTEE THAT LISTINGS ARE ACCURATE, THAT SALES WILL HAPPEN AS POSTED, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE AREN’T RESPONSIBLE FOR THE CONDUCT OF HOSTS, BUYERS OR ANYONE YOU MEET THROUGH PORCHLY, OR FOR ITEMS BOUGHT OR SOLD.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, PORCHLY WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE OR ANY SALE OR MEETING ARRANGED THROUGH IT. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID PORCHLY IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US $50. Some places don’t allow these limits, so they may not all apply to you.
Indemnity
You agree to defend and hold Porchly harmless from claims, losses and costs (including reasonable attorneys’ fees) that arise from Your Content, your sales or purchases, or your breach of these Terms or the law.
Disputes and governing law
These Terms are governed by the laws of the State of Hawaiʻi and applicable U.S. federal law, without regard to conflict-of-law rules. Before filing a claim, please contact us at support@porchly.shop so we can try to resolve it informally. If we can’t, disputes will be decided in the state or federal courts located in Honolulu, Hawaiʻi, and you and Porchly consent to their jurisdiction. Either of us may bring an eligible claim in small claims court instead.
Changes to these Terms
We may update these Terms as Porchly grows. If a change is significant, we’ll tell you in the app or by email before it takes effect. Continuing to use Porchly after the effective date means you accept the updated Terms.
Contact
Questions about these Terms? Email support@porchly.shop.