Terms & Conditions

USER RESPONSIBILITY:

Users are solely responsible for the accuracy and legality of listings, photos, descriptions, and messages posted on Overpacked. Overpacked is not responsible for transaction outcomes, misrepresentation, or disputes between users.

CONTENT MODERATION:

Overpacked reserves the right to review, moderate, and remove any user-generated content (listings, photos, descriptions, messages) that:

• Violates these Terms and Conditions
• Contains prohibited items (illegal, unsafe, stolen, or restricted items)
• Contains spam, scams, or fraudulent content
• Contains inappropriate, offensive, or harmful content
• Contains false or misleading information
• Harasses, threatens, or abuses other users
• Violates any applicable laws or regulations

REPORTING MECHANISM:

Users can report objectionable content or behavior through the app:

• On listing detail pages, use the menu (three-dot icon) and select "Report Listing"
• Select the reason for reporting (Spam/Scam, Prohibited Item, Inappropriate Content, False Information, Harassment/Abuse, or Other)
• Reports are reviewed by our moderation team
• We may take action including content removal, account warnings, suspension, or termination

MODERATION ACTIONS:

When objectionable content is identified (either through user reports or our monitoring):

• Content may be immediately removed without notice
• Users may receive warnings
• Accounts may be suspended or terminated
• Legal authorities may be notified for illegal content
• No refunds will be provided for suspended or terminated accounts

ADMIN MODERATION CAPABILITIES:

Authorized administrators have the ability to:

• View all user accounts, listings, messages, and reports for moderation purposes
• Delete any listing that violates our Terms or community guidelines
• Delete user accounts that violate our Terms or engage in harmful activity
• Access and review all reports submitted by users
• Take immediate action to protect platform safety and user security
• Manage all platform content and user data for moderation and safety enforcement

These administrative actions are taken at our sole discretion to maintain platform integrity and user safety. Overpacked is not liable for any actions taken by administrators in the course of moderation, content removal, or account management.

While we strive to maintain a safe platform, Overpacked does not guarantee that all objectionable content will be identified or removed. Users should exercise caution when interacting with other users and content on the platform.

• Pricing:

Monthly plan ($4.99/month) or Yearly plan ($39.99/year, saving approximately 33%). Prices are subject to change with notice.

• Auto-Renewal:

Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before renewal. You will be charged through your Apple or Google account.

• Cancellation:

You may cancel your subscription at any time through your device settings (iOS: Settings > [Your Name] > Subscriptions; Android: Google Play Store > Subscriptions). Cancellation takes effect at the end of the current billing period. No refunds for the current period.

• Refunds:

All subscription payments are processed by Apple (App Store) or Google (Play Store). Overpacked does NOT process refunds directly. Refund requests must be submitted through Apple or Google according to their policies. Overpacked has no control over refund decisions.

• Free Tier:

Free users are limited to 3 new listings per calendar month. Listing count resets on the 1st of each month (UTC).

• Pro Benefits:

Pro subscribers receive unlimited listings, priority visibility in search results, a "Pro Seller" badge, and early access to new features. Benefits are subject to change.

• Subscription Termination:

If payment fails or subscription is canceled, you will revert to free tier limitations immediately upon expiration. Pro benefits cease at the end of the paid period.

• No Refunds for Partial Periods:

If you cancel mid-period, you retain Pro access until the period ends. No prorated refunds.

• Price Changes:

We reserve the right to change subscription prices with 30 days notice. Existing subscribers will be notified before price changes take effect.

• Disputes:

All subscription disputes must be resolved through Apple or Google. Overpacked is not responsible for billing issues, payment failures, or refund decisions made by Apple or Google.

LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERPACKED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Transactions between users (buyers and sellers)
• Payment disputes, fraud, or financial losses
• Items not as described, defective, or misrepresented
• Failure to complete transactions
• Personal injury, death, or property damage
• Disputes between users
• Subscription billing issues or refund disputes
• Service interruptions, errors, or unavailability
• Third-party actions or content
• Any use or inability to use the platform

OVERPACKED'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR OVERPACKED PRO SUBSCRIPTIONS IN THE 12 MONTHS PRECEDING THE CLAIM, OR $50, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION:

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

• Your use of the platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your listings, content, or communications
• Your transactions with other users
• Any disputes you cause or are involved in

ACCOUNT TERMINATION BY OVERPACKED:

We may suspend, restrict, or terminate your account immediately and without notice for:

• Violation of these Terms
• Fraudulent, illegal, or harmful activity
• Misuse of the platform
• Harassment or abuse of other users
• Posting prohibited items
• Any reason we deem necessary to protect the platform or users

No refunds will be provided for terminated accounts.

ACCOUNT DELETION BY USER:

You may delete your account at any time through the app settings or by contacting [email protected].

Upon account deletion, the following will be PERMANENTLY deleted:

• Your profile information and login credentials
• All your listings and uploaded content (photos, descriptions)
• All your messages and communications
• Your subscription will be canceled (no refunds for remaining period)
• All associated personal data

Some anonymized data may be retained for:

• Fraud prevention and security
• Legal compliance and obligations
• Platform analytics (in anonymized form)

Account deletion is IRREVERSIBLE. Once deleted, you cannot recover your data, listings, or account.

If you have an active Pro subscription, it will be canceled upon account deletion. No refunds will be issued for the remaining subscription period.

You are responsible for backing up any data you wish to keep before deletion.

DISCLAIMER OF WARRANTIES:

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness
• Uninterrupted or error-free service
• Security or freedom from viruses

OVERPACKED DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE AT ALL TIMES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OVERPACKED SHALL CREATE ANY WARRANTY.

SERVICE MODIFICATIONS:

Overpacked reserves the right to:

• Modify, suspend, or discontinue any part of the platform at any time
• Change features, functionality, or pricing
• Impose limits on usage
• Remove content or listings

Overpacked is not liable for any losses resulting from such changes.

GOVERNING LAW:

These Terms are governed by the laws of the State of Idaho, United States, without regard to conflict of law principles.

DISPUTE RESOLUTION:

• Any disputes arising from these Terms or your use of the platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• Arbitration shall take place in Ada County, Idaho.
• You waive your right to a jury trial and to participate in class actions.
• Exceptions: Small claims court actions and intellectual property disputes may be brought in court.

FORCE MAJEURE:

Overpacked is not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet failures, or government actions.

ENTIRE AGREEMENT:

These Terms constitute the entire agreement between you and Overpacked regarding the platform and supersede all prior agreements.

SEVERABILITY:

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.

WAIVER:

Failure to enforce any provision does not constitute a waiver of that provision.

ASSIGNMENT:

You may not assign or transfer your account or these Terms without Overpacked's written consent. Overpacked may assign these Terms at any time.

NOTICES:

Notices may be provided via email, in-app notification, or posting on the platform.

CHANGES TO TERMS:

Overpacked reserves the right to modify these Terms at any time. Material changes will be notified via email or in-app notification. Continued use after changes constitutes acceptance.