Spinbin Terms of Service and Privacy

Read this firstThis page has two parts. Sections 1 to 8 explain what Spinbin collects. Sections 9 to 24 are the Terms of Service for using Spinbin. The general Privacy Policy and End User License Agreement still apply. Where they differ about Spinbin, this page controls.

Section 1What this supplement covers

Spinbin is an application for people selling vinyl records. You photograph a record, it works out which record it is, and it writes a listing you can publish to eBay.

This supplement covers:

• the Spinbin application for iPhone;
• the Spinbin application for Android;
• the web application at app.spinbin.ai.

Throughout this page, "we", "us" and "our" mean Native Code LLC, the company that publishes Spinbin.

Section 2What Spinbin collects

Photographs of your records

The pictures you take or pick of a cover, a back and a label. They are stored with the listing they belong to, and they are sent to OpenAI so the record can be identified.

Record and listing details

Artist, title, condition, price and the description, whether you typed it or edited a draft.

Your eBay connection

Only once you choose to connect it. Section 4 below sets out what is stored and what comes back from eBay.

The item location you enter

The address and postal code you give for eBay shipping, because a listing cannot be published without one.

Payment status

Which plan you are on and whether a credit pack was bought, which reaches us from Stripe. Plans and credit packs are bought on the web and never inside the application.

A push notification token

Only if you allow notifications. It identifies the device to Apple or Google so a message can reach it, and it says nothing about you.

That is the whole list. Spinbin does not ask for your contacts, your location in the background, your calendar, your health data or anything about other applications on your device, and it carries no advertising and no tracking of any kind.

Section 3Your photographs and the identification step

This section exists because sending anything to an artificial intelligence service should be stated plainly rather than left for you to work out.

When you ask Spinbin to identify a record, the photographs you took and the details you entered are sent to OpenAI. OpenAI reads the cover, the back and the label, returns what it believes the record is, and drafts a description you can edit or replace. Nothing else of yours is sent, and nothing is sent until you ask for an identification.

Under OpenAI’s terms for their programming interface, what we send is not used to train their models. OpenAI may keep it for up to 30 days to run the service and to check for abuse, after which it is removed unless they are legally required to keep it. OpenAI is listed as a subprocessor on the Subprocessors page, which is the page to watch if you want to know when that list changes.

Your photographs themselves stay with your listings in our own storage until you delete the listing or your account.

Asking you first, and how to withdraw it

Spinbin asks for your permission before any photo is sent to OpenAI. You can withdraw it at any time in the app under Account, Photo Identification, by turning off Send record photos to OpenAI. Nothing new is sent after that, and Spinbin asks again before your next listing.

To remove photos already stored with your listings, delete those listings or delete your account under Account, Manage Account, Delete My Account.

Section 4Your eBay connection

Spinbin asks you to connect an eBay account during setup, before your first upload. Nothing described in this section happens until you do.

Once connected, we store:

• the access tokens that let us act on your behalf, encrypted;
• the sale price and date when one of your listings sells;
• the tracking number and carrier for a shipment;
• for an offer on one of your listings, the buyer's eBay username and any message the buyer wrote with the offer.

We do not store the names, addresses or email addresses of people who buy from you.Those stay with eBay, where your sales records live.

The connection is used to publish your listings and to receive updates about sales, shipping and offers. You can disconnect eBay at any time in the application, or revoke access from your eBay account.

Section 5Device permissions

Camera

To photograph a record. Used for nothing else, and only while you are taking a picture.

Photo library

To pick a picture of a record you already took. We read the picture you choose and nothing around it.

Notifications

Optional. If you allow them, you get told when a listing sells, when an offer arrives, or when an identification is finished. Refusing them leaves everything else working.

Section 6Who else sees it

These are the providers Spinbin uses, and the whole of what each one receives:

The full entry for each one, including where it runs, is on the Subprocessors page.

We never sell your information, and we never share it for advertising. That holds for every application we publish and it is set out in Section 6 of the Privacy Policy.

Section 7Deleting your account

Deleting your account removes everything on this page: your listings, your photographs, your eBay connection and tokens, the item location you entered, and your notification token.

Inside Spinbin the path is Account, then Manage Account, then Delete My Account. You can also do it from the web without reinstalling anything, which the Delete Your Account page explains. Section 10 of the Privacy Policy covers how long the process takes and the narrow things we are required to keep afterward.

Section 8Where the general policy still applies

Everything this supplement does not cover is in the Privacy Policy: your rights and how to use them, how long we keep things, where information is stored, how we protect it, and how to reach us. The App Store Disclosures page answers Apple and Google in the terms each of them uses.

If something here is unclear, or you think it does not match what the application actually does, write to support@nativecodeapps.com and we will fix the page or the application, whichever is wrong.

Section 9Terms of Service for Spinbin

Sections 9 to 24 are an agreement between you and Native Code LLC. They apply when you use the Spinbin application on iPhone or Android, or the web application at app.spinbin.ai. “We”, “us” and “our” mean Native Code LLC.

By creating an account or using Spinbin, you accept these terms. If you do not accept them, do not use Spinbin.

These terms add to four documents, which also apply to you:

• the End User License Agreement, which includes the terms Apple requires;
• the Terms of Service for anything you buy directly from us;
• the Acceptable Use Policy;
• the Billing and Refunds page.

Where one of those differs from this page about Spinbin, this page controls. Nothing here takes away a right you have under consumer law that cannot be limited.

This agreement is between you and Native Code LLC only. It is not with Apple, Google or eBay.

Section 10Who may use Spinbin

You must be at least 18 years old and able to enter into a binding contract. If you use Spinbin for a company, you confirm you have authority to bind it, and “you” then means that company.

You must give accurate information when you sign up, and keep it accurate. One person or business should hold one account. You are responsible for what happens under your account.

Section 11What Spinbin does

Spinbin helps you sell vinyl records on eBay. It can:

• identify a record from your photographs;
• draft a listing title and description;
• suggest a price;
• publish the listing to your eBay account when you ask it to;
• help you change prices, answer offers and record shipping;
• tell you when something sells or an offer arrives.

Spinbin is built for eBay sellers, so setup asks you to connect an eBay account before your first upload.

Section 12You are the seller

Spinbin is a tool. We do not buy, sell, hold or ship your records, and we are not a party to any sale. The agreement for each sale is between you and your buyer, on eBay.

You alone are responsible for:

• whether what you list is accurate, including the record, the pressing, the condition grades and the photographs;
• having the right to sell each item;
• the price you set and the offers you accept;
• shipping, returns, refunds and buyer messages;
• eBay’s fees and any other marketplace charges;
• any tax on your sales and any record keeping the law requires.

Section 13Check everything before you publish

Spinbin’s identifications and descriptions are produced by an artificial intelligence service, and its catalog details come from outside sources. They can be wrong. Pressings that look alike can differ a great deal in value.

Suggested prices are estimates based on recent listings and sales of similar records. They are not an appraisal, and we do not promise that a record will sell, or sell at that price.

Review every title, description, grade and price before you publish it. Once you publish a listing, it is your listing.

Section 14Your eBay account

When you connect eBay, you authorize Spinbin to act on your account on your instructions. That means publishing, changing and ending listings, changing prices, answering offers and recording tracking details. It also means receiving updates from eBay about sales, offers, shipping and relisted items.

Spinbin makes these changes only when you ask it to. Some actions can cover many listings at once, and a confirmation screen shows you what will change first.

Actions taken through Spinbin are real actions on your eBay account. Accepting an offer commits you to that sale under eBay’s rules, and we cannot undo it.

You can disconnect eBay at any time in the application, or revoke access from your eBay account. Disconnecting stops Spinbin from acting on your account and stops new updates. It does not end listings that are already live.

Section 15eBay’s terms apply to you

You must follow the eBay User Agreement and eBay’s other policies when you use Spinbin with eBay.

Spinbin connects to eBay under the eBay Developers Program Terms of Use and API License Agreement. By using Spinbin:

• you agree to be bound by that agreement to the extent it applies to users of an application;
• you agree that eBay is a third party beneficiary of these terms, and may enforce them against you;
• you accept that your right to see eBay content through Spinbin is a sublicense, and that it can be revoked at any time.

eBay decides what it allows. It can change, limit or end Spinbin’s access. If it does, the parts of Spinbin that depend on eBay may stop working.

Section 16Your photographs and listings

Your photographs and listings are yours. You give us permission to store them, process them, show them to you, and send them to the services in Section 6 so that Spinbin can work. That includes publishing them to eBay when you ask. This permission ends when you delete them or your account, except for copies kept in backups for a limited time.

You confirm that you have the right to use everything you upload. Do not upload anything that is not a record you are selling.

We do not sell your content. Our Copyright and DMCA page explains how to report material that infringes a copyright.

Section 17Plans and credit packs

Plans and credit packs are bought on the web, through Stripe, and not through Apple or Google. Stripe processes the payment for us. Prices are shown before you buy. Apple and Google cannot cancel or refund these purchases. We can.

Free plan

The Free plan includes a small number of records in each usage period, shown on the Plans screen.

Paid plans

A paid plan is billed monthly. It renews automatically each month, at the price shown when you bought it, until you cancel.

Usage periods

Your plan’s record allowance resets every 30 days. This may not fall on the same day as your billing date. Unused records do not carry over.

What counts as a record

A record counts against your allowance when Spinbin successfully identifies it. A photograph that Spinbin rejects as not showing a vinyl record does not count. Identifying the same listing again does not count twice.

Credit packs

A credit pack is a one-time purchase and does not renew. When your plan’s allowance runs out, each new record uses one credit. Credits do not expire while your account is open. They have no cash value, and you cannot transfer them.

Price changes

If we change the price of your plan, your current period finishes at the old price. We will tell you before the new price applies, so you have time to cancel.

Section 18Canceling, pausing and refunds

To cancel a plan, open Account, then Manage Subscription. On Android, or if you prefer, you can do this at app.spinbin.ai. Canceling stops the next renewal. You keep your plan until the end of the period you have paid for, and then your account moves to the Free plan. Your listings stay in your account.

Pausing or deleting your account is different. Both end your paid plan right away rather than at the end of the period, and the application asks you to confirm first. Any credits you hold are lost when you delete your account.

Refunds for plans follow Section 5 of the Billing and Refunds page, including the 14 day refund of your first payment.

Refunds for credit packs. If you ask within 14 days of buying a pack and have not used any of its credits, we refund it in full. Once credits from a pack have been used, that pack is not refundable, unless the law says otherwise.

eBay’s charges. We do not collect or refund eBay’s fees. Those are between you and eBay.

Section 19How you may use Spinbin

The Acceptable Use Policy applies. In addition, you may not use Spinbin to:

• list counterfeit goods, or unauthorized copies of recordings;
• list an item you know is misdescribed, or use a listing to mislead a buyer;
• get around a plan’s limits, including by opening extra accounts;
• use bots, scripts or other automated tools to access Spinbin;
• copy, resell or republish the catalog, pricing or eBay information you see in Spinbin;
• use that information to train artificial intelligence models.

Section 20Other companies’ services and names

Spinbin relies on services run by other companies. Section 6 lists them. Your agreements with those you connect yourself, such as eBay, Apple and Google, are separate from this one. You must comply with them when you use Spinbin.

This application uses Discogs’ API but is not affiliated with, sponsored or endorsed by Discogs. ‘Discogs’ is a trademark of Zink Media, LLC.

Spinbin is not affiliated with, sponsored or endorsed by eBay Inc. ‘eBay’ is a trademark of eBay Inc. Other names belong to their owners.

Section 21Changes and availability

We work to keep Spinbin available, and we do not promise it will always be. It depends on services we do not control, including eBay, our identification provider and the app stores.

We may change or remove features. If we remove something significant that you are paying for, we will tell you first, and you may cancel and receive a refund of the unused part of your current period.

Section 22Ending this agreement

You can stop using Spinbin at any time by canceling your plan and deleting your account. Inside the application the path is Account, Manage Account, Delete My Account. Section 7 explains what deletion removes.

Deleting your account does not end your eBay listings. Listings already live on eBay stay there until you end them on eBay, and you remain responsible for them.

We may suspend or end your access if you materially breach these terms or the Acceptable Use Policy, if the law requires it, or if your use puts the service or other people at immediate risk. Unless the risk is immediate or the law requires otherwise, we will warn you first and give you a reasonable chance to fix it. If we end your access for a reason other than your breach, we refund the unused part of what you have paid.

Sections 12, 13, 15, 16, 23 and 24 continue after this agreement ends.

Section 23Warranty and liability

Except where the law does not allow it, Spinbin is provided as it is and as available. Section 9 of the End User License Agreement sets out the warranty position, including the part that concerns Apple.

To the maximum extent the law permits, we are not liable for indirect, incidental, special, consequential or punitive damages. That includes lost sales, lost profits, a record sold below its value, eBay fees, buyer claims, and any limit or suspension eBay places on your account.

To the maximum extent the law permits, our total liability relating to Spinbin is limited to the greater of the amount you paid us for Spinbin in the twelve months before the claim arose, or one hundred United States dollars.

Nothing here excludes liability that cannot lawfully be limited, including for fraud, or for death or personal injury caused by negligence. Some places do not allow these limits, so parts of this section may not apply to you.

You agree to defend and indemnify us against third party claims arising from your listings, your sales, or your breach of these terms. This includes claims from buyers.

Section 24Law, changes and contact

These terms are governed by the laws of the State of Nevada, United States, as set out in Section 18 of the End User License Agreement. That section also covers where disputes are heard and protects any local consumer rights you have.

We may update these terms. The version number and effective date on this page show the current version, and every change is recorded on the legal index. For a material change we give at least 30 days’ notice by email or in the application. If you do not accept the new version, cancel before it takes effect and we will refund the unused part of your current period.

Questions, complaints and claims about Spinbin should come to us:

• Native Code LLC
• Telephone: +1 725 298 5702
• Email: support@nativecodeapps.com