Terms of Service

1Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the DigitalBid website, including any related mobile applications, APIs, and services (collectively, the "Platform"). The Platform is operated by DigitalBid Inc., a Delaware corporation ("DigitalBid", "we", "us", or "our").

By accessing the Platform, registering an account, or placing a bid, you agree to be legally bound by these Terms, our Privacy Policy, and any additional terms applicable to specific features of the Platform. These Terms constitute a binding legal agreement between you and DigitalBid.

2Eligibility

To use DigitalBid you must meet the following requirements:

• You must be at least 18 years of age.
• You must have the legal capacity to enter into a binding contract.
• You must not be subject to any legal prohibition on participating in online auctions in your jurisdiction.
• If registering on behalf of a company, you must have the authority to bind that company to these Terms.
• Your account must not have been previously suspended or terminated by DigitalBid.

DigitalBid reserves the right to deny access or terminate accounts that do not meet these eligibility criteria, at any time and for any reason, without prior notice.

3User Accounts

To access bidding features, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.
• Promptly notifying DigitalBid of any unauthorized use of your account.
• Keeping your account information accurate and up to date.

DigitalBid will not be liable for any loss or damage arising from your failure to protect your account credentials. You may not share, transfer, or sell your account to any third party.

4Auctions and Bidding

All bids placed on DigitalBid constitute a legally binding offer to purchase the listed item at the bid amount, subject to the auction's terms and conditions.

• Bids are irrevocable once submitted.
• The highest bidder at the close of an auction is obligated to complete the purchase.
• Applicable taxes, documentation costs, delivery costs, or other approved fees will be shown on the invoice or sale documents.
• DigitalBid may cancel auctions or bids in cases of suspected fraud, technical errors, inventory withdrawal, title issues, or documentation concerns.
• DigitalBid reserves the right to set minimum bid increments for any auction.
• The use of automated bidding software or bots not provided by DigitalBid is strictly prohibited.

5Payments and Fees

Upon winning an auction, the customer is required to complete payment within the timeframe specified in the invoice or sale documents. Payment instructions are provided by DigitalBid after the auction closes.

• Accepted payment methods include wire transfer and other methods listed in the invoice or sale documents.
• Invoices may include the winning bid or purchase price, applicable taxes, documentation costs, approved delivery costs, and other disclosed fees.
• Failure to complete payment within the required timeframe may result in forfeiture of the win, account suspension, and liability for any difference in resale price.
• All payment obligations remain subject to the specific sale documents for the lot.

6Dealer Sales and Repossessed Inventory

DigitalBid offers repossessed and institutionally sourced vehicles, recreational assets, and select equipment as dealer inventory. Each lot may be subject to its own title, documentation, availability, and delivery requirements.

• Listings are prepared from available condition information, source documentation, photographs, and internal review.
• Availability, title transfer timing, documentation, and delivery timing may vary by lot.
• Customers are responsible for reviewing listing information and asking questions before bidding or purchasing.
• Customers have seven days from confirmed delivery to report documented condition issues for review under the applicable sale terms. Read the public process summary on the 7-Day Delivery Review page.
• DigitalBid may reject, remove, or modify listings that violate these terms or platform policies.

7Prohibited Uses

The following activities are strictly prohibited on the DigitalBid platform:

• Bid manipulation, shill bidding, or collusion with other bidders.
• Providing false or misleading account, payment, or delivery information.
• Attempting to circumvent the invoice, payment, or documentation process.
• Using the platform for money laundering or any illegal financial activity.
• Interfering with the platform's technical infrastructure or security systems.
• Harassing, threatening, or abusing other users or DigitalBid staff.
• Scraping, data mining, or automated collection of content without written permission.

8Limitation of Liability

To the maximum extent permitted by applicable law:

• Inventory is offered subject to the listing information, sale documents, and applicable review terms.
• DigitalBid's total liability to any user shall not exceed the fees paid by that user to DigitalBid in the six months preceding the claim.
• DigitalBid shall not be liable for indirect, incidental, consequential, or punitive damages.
• DigitalBid does not guarantee continuous, uninterrupted access to the platform.

9Termination

DigitalBid may suspend or terminate your account at any time, with or without cause, including for violations of these Terms. You may terminate your account at any time by contacting support. Upon termination, your right to use the platform ceases immediately, and any pending bids you have placed may be cancelled. Outstanding payment obligations remain in effect after termination.

10Reviews and Dispute Resolution

All disputes arising from use of the DigitalBid platform or a completed sale shall be resolved as follows:

• First, through DigitalBid's internal review process. Documented condition issues after delivery must be reported within the applicable 7-day review window.
• If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association.
• Arbitration shall take place in Houston, Texas, in the English language.
• You waive any right to participate in a class action lawsuit against DigitalBid.

Notwithstanding the above, DigitalBid reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

11Changes to Terms

DigitalBid reserves the right to modify these Terms at any time. Changes will be communicated via email and/or a notice on the Platform at least 14 days before they take effect. Continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Platform before the effective date.

12Contact Information

For questions about these Terms, please contact us: