Terms of Service
Last updated: May 26, 2026
These Terms of Service ("Terms") govern your access to and use of Pacey ("Pacey", "we", "us", "our") — including trypacey.com, the web app at app.trypacey.com, our iOS app, and any related services (collectively, the "Service"). The Service is operated by One Take Agency LLC under the brand Initial Win.
By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old (and the age of majority in your jurisdiction to enter into a binding contract) to use the Service. By using the Service, you represent that you meet these requirements and that you can lawfully enter into this agreement.
2. Your account
- You are responsible for keeping your account credentials secure.
- You are responsible for all activity that occurs under your account.
- You agree to provide accurate information when signing up and to keep it up to date.
- You may not share your account, sell it, or use anyone else's account without permission.
3. The marketplace
Pacey provides tools that let you create listings, set prices, and communicate with other users to facilitate the sale of personal goods. Pacey is a platform — we are not a party to any transaction between buyers and sellers, and we do not own, inspect, or take possession of items listed on the Service.
Your listings
- You may only list items that you own and have the legal right to sell.
- You are responsible for the accuracy of your listings — including photos, descriptions, prices, and conditions.
- You are responsible for completing transactions you initiate, including delivering the item, accepting payment, and resolving disputes with the other party.
- You are responsible for all applicable taxes on income you earn through the Service.
Prohibited items
You may not list, sell, or attempt to sell:
- Illegal goods, stolen goods, or counterfeit items
- Weapons, firearms, ammunition, or explosives
- Drugs, drug paraphernalia, or prescription medications
- Hazardous materials
- Live animals
- Adult content or sexually explicit material
- Items that violate intellectual property rights
- Anything else prohibited by applicable law
We reserve the right to remove any listing, suspend any account, and refuse service to anyone, at our sole discretion, for any reason — especially if we believe a listing or user violates these Terms or applicable law.
4. User conduct
When using the Service, you agree NOT to:
- Harass, threaten, or abuse other users
- Post content that is hateful, defamatory, obscene, or fraudulent
- Impersonate any person or entity, or misrepresent your affiliation
- Spam, scrape, reverse engineer, or attempt to interfere with the Service
- Use the Service to send unsolicited commercial messages
- Circumvent platform fees by completing transactions started on Pacey outside the Service
- Use bots, automated tools, or scripts to access the Service except through documented APIs
- Violate any law, regulation, or third-party rights
5. AI-generated content
Pacey uses AI to help generate titles, descriptions, pricing suggestions, and tags from photos and information you provide. You understand that:
- AI output is a suggestion — you are responsible for reviewing it for accuracy before publishing.
- AI-generated content may contain errors. You are responsible for any listing you publish.
- By uploading photos and content, you grant us a license to process them through AI services for the purpose of generating listings.
6. Your content & license to us
You retain ownership of the content you post (photos, descriptions, messages, etc.). By posting content, you grant Pacey a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, display, and distribute that content solely as needed to operate, improve, and promote the Service.
You represent that you have all rights necessary to grant this license, and that your content does not infringe anyone else's rights.
7. Intellectual property
The Service — including its software, design, logos, and trademarks — is owned by One Take Agency LLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our written permission.
8. Fees and payments
Pacey may charge fees for certain features (for example, a Pro subscription or transaction fees). All fees will be clearly disclosed before you incur them. Fees are non-refundable except where required by law or expressly stated otherwise.
9. Termination
You may delete your account at any time by emailing [email protected]. We may suspend or terminate your access to the Service at any time, with or without notice, for any reason — including if we believe you have violated these Terms.
Sections of these Terms that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law) will survive.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
We do not guarantee that the Service will be uninterrupted, secure, error-free, or that any defects will be corrected. We do not guarantee any particular outcome from using the Service (including any sale price, sale speed, or transaction success).
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONE TAKE AGENCY LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (b) ONE HUNDRED US DOLLARS ($100).
12. Indemnification
You agree to indemnify and hold harmless One Take Agency LLC, its affiliates, and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your content, (c) your violation of these Terms, or (d) your violation of any third party's rights or applicable law.
13. Governing law & disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in San Diego County, California, and you consent to personal jurisdiction in those courts.
14. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you by email or in-app notice. Your continued use of the Service after changes take effect means you accept the new Terms.
15. Contact us
Questions about these Terms?
- Email: [email protected]
- Mailing address: One Take Agency LLC · San Diego, CA