Terms of Service

Last Modified: May 8 2024

Introduction

Welcome to DropCatch.ai, a website operated by Premium Domain Names S.L. (hereinafter referred to as "Company", "we", "us", or "our", “DropCatch.ai” ). Our website offers various services related to the acquisition of premium domain names, including but not limited to premium domain sales, domain auctions, and domain backorders ("Services"). By using our Services, you agree to be bound by these Terms of Service ("Terms").

Definitions:

1. Acceptance of Terms

By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

2. Offered Services

2.1. Premium Domain Sales

DropCatch.ai offers a premier marketplace for buying and selling premium domain names. Our platform facilitates two primary sales methods for premium domains: "Buy It Now" and "Make an Offer." These options are designed to accommodate the varying needs and strategies of domain buyers and sellers, ensuring a flexible and user-friendly experience.

  1. Buy It Now: Customers can purchase domain names at the listed price. Transactions can be completed as a guest or registered user.
  2. Make an Offer: Customers can submit an offer above the minimum price to negotiate with the domain owner. Upon agreement, the sale proceeds as a Buy It Now transaction.

2.2. Domain Auctions

2.2.1. Auction Duration and Bidding
  1. Each domain auction hosted on DropCatch.ai spans a period of at least 7 days, providing ample time for interested parties to participate and place their bids.
  2. To promote fair competition and give all participants a reasonable chance to win, any bid placed within the last 5 minutes of an auction extends the auction duration by an additional 5 minutes. This extension continues indefinitely as long as new bids are placed within the last 5-minute window, ensuring that auctions conclude only when bidding activity ceases.
  3. All bids submitted during an auction are considered legally binding commitments. By placing a bid, you are entering into a contract to purchase the domain at your bid price if you are the winning bidder.
  4. DropCatch.ai reserves the right to modify the ending time of any auction at our discretion. This may occur to maintain fairness and integrity of the auction process or in response to unforeseen technical difficulties. Any changes will be communicated to all active participants as promptly as possible.
2.2.2. Proxy Bidding
  1. DropCatch.ai offers a proxy bidding feature, which allows participants to submit the maximum amount they are willing to pay for a domain as their bid. The system will automatically place bids on behalf of the participant, in response to competing bids, up to their specified maximum limit.
  2. When a participant uses proxy bidding, the system will incrementally increase their bid in response to other lower bids, ensuring that they remain the highest bidder until their maximum bid is reached. The bid increments will follow predefined thresholds set by DropCatch.ai to maintain bid competitiveness and fairness.
  3. The participant’s maximum bid amount is confidential and will not be disclosed to other bidders. If another participant exceeds this maximum bid, the original bidder will be notified and can choose to place a new bid manually if they wish to continue in the auction.
  4. Participants are reminded that the submission of a proxy bid is a legally binding commitment to purchase the domain at any price up to their maximum bid amount, should they emerge as the winning bidder. By entering a maximum bid, participants are agreeing to the terms of this commitment.
2.2.3. Auction Integrity and Fair Play
  1. DropCatch.ai is committed to ensuring a transparent, fair, and competitive auction environment. We monitor auction activity for signs of collusion, bid manipulation, or any fraudulent activities that could undermine the integrity of our auctions.
  2. Participants found engaging in prohibited activities may be subject to immediate account suspension, bidding privileges revocation, and other corrective actions to uphold the fairness and integrity of our auction platform.

2.3. Domain Backorders

2.3.1. Backorder Guarantee Limitation

Placing a backorder for a domain name through DropCatch.ai does not guarantee successful registration of the domain once it becomes available. While we strive to secure the domain for our users who have placed backorders, the nature of domain registration processes and competition from other interested parties means that there are instances where a domain may not be successfully registered on behalf of the user who placed a backorder.

2.3.2. Initial Backorder Process
  1. DropCatch.ai provides a backorder service that allows users to express their interest in acquiring domains that are not currently available but may soon become so. The starting price for placing a backorder on any domain is 50 euros.
  2. When you place a backorder, you are indicating your willingness to purchase the domain at the starting price. This commitment helps ensure that interested parties are genuinely invested in acquiring the domain.
2.3.3. Single Backorder Scenario
  1. In situations where a single backorder is placed on a domain, the domain is automatically awarded to the individual who placed the backorder. Following the registration of the domain, DropCatch.ai generates an invoice for the backorder amount (starting at 50 euros) and sends it to the user.
  2. Upon the registration of the domain, and an invoice is issued for the backorder amount. The customer must then comply with the specified payment terms to claim ownership of the domain.
2.3.4. Multiple Backorders Scenario
  1. If more than one backorder is placed on the same domain, DropCatch.ai initiates an auction process for that domain.
  2. The auction follows a similar format to our standard domain auctions, with the same rules regarding bid extensions, payment obligations, and legal binding of bids.
  3. The intent behind transitioning multiple backorders into an auction is to determine the market value of the domain transparently and equitably. It also ensures that the domain is awarded to the party willing to make the highest investment in securing it.
2.3.5. Auction Process for Backordered Domains
  1. The auction for backordered domains commences at a predetermined time after domain has been registered successfully, with all eligible bidders being notified in advance of the auction start date and time.
  2. Bidders must adhere to the auction rules, including bid increments, auction duration, and payment terms, as outlined in our domain auction terms.
  3. Upon the conclusion of the auction, the highest bidder is declared the winner, and an invoice is issued for the final bid amount. The winner must then comply with the specified payment terms to claim ownership of the domain.

3. Conclusion and Ownership Transfer

  1. Successfully paid invoices result in the transfer of the domain ownership to the winning party.
  2. The buyer is responsible for initiating the transfer process with their chosen registrar, using the provided auth code, and ensuring that any additional requirements for the transfer, as stipulated by the receiving registrar, are fulfilled.
  3. By purchasing a domain, the customer accepts the registration conditions and guidelines of the respective registrar. The following list shows all top level domains with a link to the official information. It should be noted that the latest edition always applies.
  4. DropCatch.ai shall not be held liable for transfer failures or delays that are beyond its control, including but not limited to, actions or omissions by the involved registrars, regulatory restrictions, or inaccurate information provided by the buyer.
  5. The Domain Transfer process is considered complete when the domain has been successfully transferred to the buyer's designated registrar, and the registrar's databases reflect the buyer as the new registrant of the domain.

4. User Obligations

4.1. Accurate Information
  1. Users are required to provide true, accurate, current, and complete information about themselves as prompted by the service's registration and purchase forms. This includes but is not limited to, personal details, company details, contact information, and payment information.
  2. Users are required to keep a complete billing information to ensure the correct calculation of taxes. This includes your billing address and any other information relevant to tax determination.
  3. Users should be aware of their own responsibilities regarding tax reporting and payment in their jurisdiction. The addition of VAT or other taxes to your purchase does not relieve you of any tax reporting or payment obligations you may have under local laws.
  4. Maintaining and promptly updating this information to keep it true, accurate, current, and complete is crucial. If any information provided is found to be false, inaccurate, not current, or incomplete, DropCatch.ai reserves the right to suspend or terminate the user's account and refuse any current or future use of the Services.
4.2. Account Security
  1. Upon completing the registration process, users will receive a username (your email) and password. It is the user's responsibility to maintain the confidentiality of this account information.
  2. Users agree to (a) immediately notify DropCatch.ai of any unauthorized use of their password or account or any other breach of security, and (b) ensure that they exit from their account at the end of each session. DropCatch.ai will not be liable for any loss or damage arising from the user's failure to comply with this section.
4.3. Compliance with Terms

Users are obligated to comply with all terms and conditions of these Terms of Service, including all applicable laws and regulations in their use of the Services. Users may not use the Services in any manner that could damage, disable, overburden, or impair any DropCatch.ai server, or the network(s) connected to any DropCatch.ai server, or interfere with any other party's use and enjoyment of the Services.

4.4. Bidding and Transaction Integrity

By participating in auctions, making offers, or placing backorders, users commit to engaging in such activities in good faith and in a manner that upholds the integrity of the transaction process. This includes not engaging in any form of bid manipulation, fraudulent bidding, or any other activity that could be deemed as unfair competition or deception.

4.5. Content and Conduct Restrictions
  1. Users agree not to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  2. The use of the Services to harm minors in any way, to impersonate any person or entity, including but not limited to a DropCatch.ai official, to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services, or to act in a manner that negatively affects other users' ability to engage in real-time exchanges is strictly prohibited.

Users must use the Services in compliance with all local, state, national, and international laws and regulations, including but not limited to those governing online conduct and acceptable content, the transmission of technical data exported from the country in which the user resides, and the regulation of domain name registration and management.

4.7. Intellectual Property Rights

Users agree not to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. Users must respect the intellectual property rights of others when using the Services and ensure that any content they post or transmit through the Services is legally permissible.

4.8. Consequences of Violation

Violation of any of these obligations may result in a range of actions, including but not limited to, account review, suspension, termination, and legal action. DropCatch.ai reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

DropCatch.ai encourages all users to report any violations of these obligations to [email protected] for prompt investigation and resolution. By agreeing to these Terms of Service and engaging with the DropCatch.ai platform, users commit to upholding these obligations and contributing to a respectful, lawful, and fair online community.

5. User Verification

For both buying and selling, users may be subject to verification processes to ensure the legitimacy of the transaction and to prevent fraudulent activities.

6. Payment Terms and Invoicing

At DropCatch.ai, we aim to maintain transparency and clarity in all our pricing and transactions. It's important for our users to understand that all prices listed on our website are exclusive of Value Added Tax (VAT) and any other applicable taxes. This means that the prices you see for premium domain sales, domain auctions, and domain backorders do not include VAT or other taxes.

6.1. Payment Obligations
  1. All transactions are final and non-refundable, except as expressly provided in these Terms.
  2. Upon the conclusion of an auction, the registration of a backordered domain, or the reach of an agreement the buyer will receive an invoice detailing the final bid amount for the domain. The buyer is required to settle this invoice within 7 days from the invoice date.
  3. Prompt payment is crucial to maintaining the integrity and fluidity of the auction process and our backordering service. Failure to complete payment within the specified 7-day period may result in temporary account suspension. During this suspension, the buyer will not be able to participate in other auctions, backorder domains or access certain features of the site.
  4. If payment is not received within 7 days from the invoice date, the failure to pay is considered a breach of the contract. In such cases, DropCatch.ai reserves the right to permanently ban the account from our platform. This action is taken to preserve the trust and reliability of our services for all users.
  5. Additionally, outstanding invoices may be forwarded to a collection agency for recovery of the owed amounts. This step is taken as a last resort and may involve additional fees and legal consequences for the buyer. Engaging with a collection agency can also negatively impact the buyer's credit rating and legal standing.
  6. DropCatch.ai is entitled to request prepayment or security before allowing a customer to backorder domains or participate in auctions. If customer remains in default of the requested prepayment or security, the duty of performance or effort resting on the operator expires, without prejudice to the right of the operator to compensation for all damages, costs and interest by the customer.
6.2. Tax Calculation
  1. The applicable VAT or any other taxes will be calculated and added to your invoice based on the billing information provided by you during the transaction process. This ensures that the tax rate applied is accurate according to your location and complies with local tax regulations.
  2. It is crucial for users to provide accurate and complete billing information to ensure the correct calculation of taxes. This includes your billing address and any other information relevant to tax determination.
  3. DropCatch.ai adheres to tax laws and regulations in the jurisdictions in which it operates. The calculation of VAT and other taxes will be in accordance with these laws, and it may vary based on the buyer's country of residence or business operation.
6.3. Invoices and Tax Documentation
  1. Your invoice will clearly itemize the base price of the service or domain purchased, the applicable tax amount, and the total amount due. This ensures full transparency and allows for easy record-keeping.
  2. Upon request, DropCatch.ai can provide tax receipts or other documentation needed for tax reporting and compliance purposes. Please contact our support team to request such documentation.

Should you have any questions about the pricing, VAT, or other tax-related inquiries, our customer support team is here to assist. We understand that tax regulations can be complex, and we're committed to providing the support you need to understand how they apply to your transactions on DropCatch.ai.

6.4. Right of withdrawal

The right of dissolution or withdrawal that offers the consumer who has made a bid the possibility to withdraw from the agreement within the legal consideration period of 14 [fourteen] days is not applicable to the agreement that is created between client and customer.

7. Account Suspension and Termination

  1. We reserve the right to suspend or terminate your account if we suspect violation of these Terms, illegal activity, or misuse of our Services.
  2. Accounts that fail to comply with payment obligations will face suspension or termination as described in Section 6.1.
  3. Accounts that are suspended due to non-payment may be charged an account reactivation fee of €49+VAT.

8. Informative Nature of Domain Metrics

DropCatch.ai provides various metrics and statistics related to the domains listed on our platform, including but not limited to, traffic data, historical usage, search engine rankings, and other relevant metrics ("Domain Metrics"). It is important for users to understand that all Domain Metrics provided by DropCatch.ai are of an informative nature and are intended to assist in evaluating the potential value and relevance of a domain.

8.1. Changes Over Time
  1. Users should be aware that Domain Metrics may change over time due to a variety of factors outside the control of DropCatch.ai. These factors can include changes in search engine algorithms, variations in web traffic, updates in domain usage, and other external influences.
  2. DropCatch.ai does not guarantee that any given Domain Metric will remain stable or increase over time. The dynamic nature of the internet and digital markets means that metrics are subject to fluctuation.
  3. The responsibility for assessing the current and potential future value of a domain, based on the provided metrics and any other due diligence, lies with the user. Users are encouraged to conduct their own research and consider multiple sources of information in their decision-making process.
8.2. Use of Domain Metrics
  1. The Domain Metrics are provided solely for guidance and should not be relied upon as the sole factor in making purchasing decisions. They are one of many tools users can use to evaluate domains.
  2. DropCatch.ai makes no warranties regarding the accuracy, reliability, or completeness of any Domain Metrics. While we strive to provide useful and accurate data, we cannot guarantee that all metrics will be error-free or reflect the most current state.
8.3. Liability

DropCatch.ai shall not be liable for any decisions made based on the provided Domain Metrics, nor for any changes in such metrics that may occur over time. Users agree to hold DropCatch.ai harmless against any claims related to the reliance on or use of Domain Metrics.

By using the services provided by DropCatch.ai, users acknowledge and agree that they have read and understood this provision regarding Domain Metrics. Users accept that any decision to purchase or engage with a domain based on these metrics is taken at their own risk and discretion, and that they have been advised to undertake comprehensive due diligence.

9. Disturbance of services

Should there be technical problems with our services or with partner systems, there is no claim to compensation for any damages incurred.

10. Limitation of Liability for Security Incidents

10.1. Limitation of Liability for unauthorized access

DropCatch.ai employs robust security measures designed to protect the integrity of our platform and the privacy of our users' information. Despite our diligent efforts to safeguard our systems and data against unauthorized access, the evolving nature of online threats means that no security measures can be guaranteed to be 100% effective. Therefore, DropCatch.ai shall not be held liable for any unauthorized access to, or disclosure of, user data or any other breaches of our security systems ("Security Incidents"), except to the extent that such Security Incidents are directly due to our gross negligence or willful misconduct.

10.2. Notification and Response

In the event of a Security Incident, DropCatch.ai will take appropriate steps to investigate the situation and, where necessary, notify affected users and take other steps in accordance with applicable laws and regulations.

10.3. Modifications to Security Practices

DropCatch.ai reserves the right to modify its security practices and this provision at any time as it deems appropriate to respond to changes in the threat landscape or advancements in security technology. Any changes will be communicated to users through updates to our Terms of Service or other appropriate means.

11. Dispute Resolution, Applicable law and jurisdiction

  1. Any disputes arising out of or related to these Terms or the Services provided by DropCatch.ai shall be resolved through binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
  2. This Agreement is governed by the Spanish law.
  3. Any dispute pertaining to the Contractual Terms, their interpretation or execution that may not be amicably settled shall be subject to the exclusive competence of Spanish legislation, to which the parties expressly submit themselves, with the Courts and Tribunals of Barcelona (Catalonia) being competent.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

13. Contact Information

If you have any questions about these Terms, please contact us at [email protected].

By using DropCatch.ai, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them.