Terms of Service

Last updated: August 29, 2026

Agreement to these terms

These Terms of Service (the "Terms") govern your access to and use of NotDNA, a market intelligence service available at notdna.com (the "Service"). By creating an account, starting a trial, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.

Eligibility

NotDNA is a business tool intended for use by people who are at least 18 years old. By using the Service you represent that you meet this requirement and that the information you provide when creating your account is accurate and complete.

The Service

NotDNA turns publicly available activity on Whatnot — the same information any buyer or viewer can already see — into category trends, price benchmarks, seller leaderboards, and sourcing signals for live auction sellers. Higher-tier plans add sell-price suggestions, buyer and repeat-buyer visibility, and sourcing alerts derived from that same public activity. We may add, change, or remove features over time. We aim to keep the Service available and accurate, but the Service is provided on an "as is" and "as available" basis as described in the Disclaimers section below.

Accounts and access

You are responsible for maintaining the security of your login credentials and for all activity that occurs under your account. If you invite team members to your workspace, you are responsible for their use of the Service. Notify us promptly at legal@notdna.com if you believe your account has been accessed without authorization.

Subscriptions, billing, and trials

Plans and fees. NotDNA is offered on paid subscription plans (currently Radar and Playbook). The fees, features, and billing interval for each plan are shown at signup and in your account. By subscribing you authorize us and our payment processor to charge your payment method for the applicable fees.
Free trial. If your plan includes a free trial, you will not be charged during the trial period. Unless you cancel before the trial ends, your subscription will begin and your payment method will be charged automatically at the end of the trial.
Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current rate until you cancel. You authorize these recurring charges until you cancel.
Payment processor. Payments are processed by Stripe. We do not store your full payment-card details. Your use of Stripe is subject to Stripe's terms.
Taxes. Fees are exclusive of taxes. You are responsible for any applicable taxes other than taxes based on our net income.
Price changes. We may change our fees. We will give you advance notice of any change, and the change will take effect on your next billing period after the notice.

Cancellation and refunds

You may cancel your subscription at any time from your account settings or by contacting us. When you cancel, your subscription remains active through the end of the current billing period and does not renew after that. Except where required by law, fees already charged are non-refundable, and canceling does not entitle you to a refund for the current period. If you believe you were charged in error, contact us at legal@notdna.com and we will review it in good faith.

Acceptable use

You agree not to:

Use the Service in violation of any applicable law or regulation.
Resell, sublicense, or provide the Service to third parties as a service bureau, or share a single account to circumvent plan limits.
Copy, reverse engineer, decompile, scrape, or attempt to derive the source code, models, or underlying data pipeline of the Service, except to the extent this restriction is prohibited by law.
Interfere with, disrupt, or place undue load on the Service or its infrastructure, or attempt to gain unauthorized access to any account, workspace, or system.
Use the Service or the data it surfaces to harass, defame, stalk, or unlawfully harm any person — including a buyer or seller identified in a report — or in any way that violates the terms of the third-party platforms the data originates from.

We may suspend or terminate access that we reasonably believe violates this section.

Public data and third-party platforms

NotDNA's data is built from information that is publicly visible on Whatnot to any buyer, bidder, or viewer of a listing or live show — item names, bid history, closing prices, and similar activity that Whatnot itself displays to the public. We do not log into, or access private, non-public data from, any seller or buyer account, and we do not require the sellers or buyers reflected in that activity to be NotDNA customers.

Whatnot, and the sellers and buyers who use it, are governed by Whatnot's own terms and policies. NotDNA is not affiliated with, endorsed by, or operated by Whatnot, TikTok, or any other platform referenced in the Service. Observing information that a platform displays publicly is not the same as that platform having reviewed or authorized any particular tool's use of it, and platforms can and do change what is publicly visible, how it may be accessed, and what automated use of it they permit. You are responsible for ensuring that your own use of the Service, and of the reports and data it generates, complies with applicable law and with the terms of the platforms involved. We monitor how our data is collected and will adjust, limit, or discontinue capture from any platform at any time, including if requested by that platform or if we determine it is prudent to do so.

Your data

You retain ownership of the account information and any data you directly provide to us. You grant us the license needed to host and process that data in order to operate the Service and generate your reports. Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

Aggregated and de-identified data

The Service continuously observes publicly available Whatnot activity across many sellers and categories. From that activity we derive market-level records such as category trends, price benchmarks, sales volume, and momentum scores. You agree that we may create, retain, use, license, and commercially exploit aggregated, anonymized, or otherwise de-identified data derived from the operation of the Service for any lawful business purpose, both during and after the term of your subscription. This includes operating and improving the Service and building and distributing market intelligence products such as benchmarks, indices, reports, and research.

De-identified data does not identify you or link back to your account. Closing your account deletes your workspace's copies of reports and saved data as described in our Privacy Policy, but does not require us to delete aggregated or de-identified records derived from public activity. This section survives termination of your subscription and these Terms.

Intellectual property

The Service, including its software, design, and the templates and formatting used to generate reports, is owned by NotDNA and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to access and use the Service and the reports generated for your account for your internal business purposes during your subscription. Subject to the rights we retain in the Service itself, the report outputs generated for your account are yours to use for those purposes.

Disclaimers

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NotDNA uses automated capture and statistical/AI methods to generate benchmarks, suggested prices, and other figures, and those figures are estimates that may be incomplete or inaccurate. Reports are provided for informational purposes only and are not business, legal, financial, or professional advice. We do not warrant that the Service will be uninterrupted, that any specific listing or category will be captured, or that any specific business result — including any suggested sell price — will be achieved. You are solely responsible for pricing, sourcing, and other business decisions you make based on the Service.

Limitation of liability

To the maximum extent permitted by law, NotDNA and its owners, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim arising out of or related to these Terms or the Service will not exceed the amount you paid us for the Service in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless NotDNA and its owners, officers, and employees from any claims, damages, liabilities, and expenses, including reasonable legal fees, arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of a third party, including any third-party platform whose public data you accessed through the Service.

Termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if providing the Service to you becomes impractical. On termination, your right to use the Service ends. The sections of these Terms that by their nature should survive termination, including ownership, aggregated and de-identified data, disclaimers, limitation of liability, indemnification, and governing law, will survive.

Changes to these terms

We may update these Terms as the Service evolves. The "Last updated" date at the top of this page reflects the most recent change. For material changes we will make reasonable efforts to notify active users by email. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Orange County, California will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to venue in those courts, except that either party may seek injunctive relief in any court of competent jurisdiction.

Contact

Questions about these Terms:

Email: legal@notdna.com