Atoban

ATOBAN TERMS OF SERVICE

Effective Date: October 1, 2026 Last Updated: October 12, 2026

Welcome to Atoban.com (the "Website"). These Terms of Service (the "Terms") govern your access to and use of Atoban's website, platform, communications, vehicle listings, marketplace, and services.

By accessing the Website, submitting vehicle information, starting or activating a listing, providing a payment method, paying a fee, approving a listing, communicating with Atoban, accepting a buyer introduction, or otherwise using Atoban's services, you agree to these Terms, Atoban's Service Agreement, Cancellation & Refund Policy, Privacy Policy, and any written plan-specific terms that apply to you.

If you do not agree, do not use the Website or services.

1. APPLICABILITY

This version applies only when Atoban presents these terms for the Your Car’s Agent introductory offer and the Seller accepts them. The offer version is intro-37-2026-10-31. The Effective Date does not retroactively change any earlier purchase or agreement.

An existing listing retains its accepted fees, duration, benefits, payment authorizations and refund rights unless Seller and Atoban expressly agree otherwise. Atoban retains earlier agreements for those listings; this document describes the new offer only.

2. RELATIONSHIP TO OTHER POLICIES

Managed vehicle listings are also governed by Atoban's Service Agreement in effect when the listing is activated.

If these Terms conflict with the Service Agreement, the Service Agreement controls for listing-related services, Seller duties, pricing, buyer introductions, and success fees. The Cancellation & Refund Policy controls for cancellations and refunds to the extent it does not conflict with applicable law.

3. NATURE OF ATOBAN'S SERVICE

Atoban provides vehicle marketing, market research, listing coordination and advisory support for private-party vehicle sales. Depending on the selected plan and the circumstances of a listing, services may include:

Atoban does not purchase, own or take possession of listed vehicles, receive the vehicle’s sale proceeds, or become the vehicle seller. Atoban does not act as your lawyer, accountant, tax or financial adviser, lender, escrow holder, inspection provider or DMV representative. This service description does not determine any licensing exemption.

All vehicle sales occur directly between the Seller and Buyer. Atoban may facilitate parts of the process but is not a party to the vehicle sale contract and does not guarantee a sale, price, timeframe, buyer performance, funding, payoff, or title transfer.

Atoban may use employees, contractors, automated systems, and AI-assisted tools to support pricing workflows, listing preparation, communications, follow-up, and operations. Material listing, pricing, offer, and sale decisions remain subject to human review or Seller approval where stated in the Service Agreement.

4. ELIGIBILITY AND ACCOUNTS

You must be at least 18 years old and legally able to enter binding contracts to use paid Atoban services.

You agree to:

Atoban may refuse, suspend, or terminate service where identity, ownership, payment authority, vehicle information, or legal eligibility cannot be reasonably confirmed.

5. VEHICLE ELIGIBILITY AND ACCURACY

Vehicles submitted to Atoban must be legally transferable, accurately described, and genuinely available for sale. Sellers must disclose all known material information, including:

Atoban may accept, decline, pause, correct, unpublish, or remove a listing where information is missing, misleading, unlawful, unsafe, unverifiable, or inconsistent with the vehicle.

6. YOUR CAR’S AGENT AND OPTIONAL UPGRADES

6.1 Your Car’s Agent

The introductory activation fee is $37, paid once, for 90 days of managed selling support beginning on the successful listing-payment date. Agent support is included. There is no automatic subscription renewal.

The service includes pricing and photo preparation, Atoban, Craigslist and OfferUp listing support, buyer inquiry handling and screening, help with negotiation, sale coordination and agent support. Publication follows completion and review of vehicle information, condition information and usable photos. Seller keeps the vehicle and decides whether to accept an offer.

The introductory offer ends October 31, 2026. A later price applies only when presented and accepted for a new purchase; it does not change an existing purchase.

6.2 Success Fee — Only for a Completed Atoban Sale

For a final sale price of $100,000 or less:

success fee = 2.5% of final sale price, with a $97 minimum and $999 maximum before any eligible advertising credit

For a final sale price above $100,000:

success fee = $999 + 2% of the amount above $100,000, with a $2,499 overall maximum before any eligible advertising credit

The activation fee is separate from the success fee. It is not deducted from the success fee. No completed sale through Atoban means no success fee.

6.3 Optional Upgrades After Listing

Seller may decline all upgrades and retain the core service and included agent support.

An upgrade must be explicitly selected and paid. A stored card alone is not authorization to purchase an upgrade. Later upgrade pricing must account for paid benefits already recorded for that listing. Atoban does not sell support whose stated term has already expired.

6.4 Advertising Credit at Sale

A verified More advertising purchase, including the combined upgrade, earns one $30 credit toward the success fee on a completed Atoban sale. The credit is applied once when the success fee is charged, after the fee calculation and its minimum/maximum. A $97 calculated fee becomes $67 due after the credit. The credit is not a cash refund if the car does not sell through Atoban and is not applied repeatedly on payment retries.

6.5 Final Sale Price and Attribution

Final sale price means the agreed value paid or provided for the vehicle before loan payoff, taxes, title, shipping, inspection or other transaction expenses. Non-cash consideration is valued as recorded in the parties’ sale documents.

The success fee is earned only when Seller completes a sale attributable to an Atoban-introduced buyer, listing, advertisement or managed selling activity. Moving that attributable sale outside Atoban does not avoid an earned fee. A genuinely independently sourced sale without material Atoban involvement does not earn a success fee.

7. PAYMENT METHODS

Payment methods are presented at checkout. For this offer, Atoban does not add a separate card surcharge to the stated activation, upgrade or calculated success fee. An eligible advertising credit reduces the success fee due by $30 once per listing.

8. PAYMENT AUTHORIZATION

A Seller who actively accepts the checkout authorization permits Atoban’s processor to save the payment method and charge the agreed success fee only following a completed Atoban-attributed sale. Each optional upgrade requires its own selection and payment. Atoban records the accepted offer and payment against the particular listing; a price update does not rewrite an earlier purchase.

A failed payment does not cancel an amount already validly earned. The new offer has no no-offer cancellation-refund promotion. Refund rights follow the accepted Service Agreement, Cancellation & Refund Policy and mandatory law; prior customers retain their actual agreed rights.

9. OPTIONAL SERVICES

Advertising and priority-support upgrades are described in Section 6 and may be skipped. Other services, including vehicle-history reports if offered, are individually described and priced before purchase. None are automatically added merely because a card is saved. Provider terms control third-party report data and permitted use.

10. SELLER CONTROL AND PRICING RECOMMENDATIONS

Atoban may suggest prices, price adjustments, offer responses and marketing strategies. These are recommendations, not binding valuations, promised proceeds or instructions you must follow.

Seller chooses the listing price and affirmatively approves each price change before publication. Silence or an elapsed notice period is not approval. Seller alone accepts, rejects or counters an offer and decides whether to sign and complete a sale directly with the Buyer. Atoban does not bind Seller to a vehicle sale agreement.

Seller reviews the information, makes independent decisions and obtains appropriate professional advice when needed. Atoban may pause marketing when Seller is unresponsive, the vehicle is unavailable, information is inaccurate, or requested services cannot reasonably be performed; pausing does not authorize Atoban to change an unapproved price.

11. BUYER INQUIRIES, OFFERS, AND INTRODUCTIONS

Atoban may receive, organize, and relay buyer questions and offers through the Website, seller dashboard, email, phone, text, or third-party marketplace.

An inquiry or offer is not a completed sale, proof of funds, financing approval, binding contract, deposit, or guarantee. Seller decides whether to accept, reject, or counter an offer and whether to proceed with a Buyer.

Atoban may withhold a Buyer's direct contact information until needed for an accepted offer, closing, or another legitimate transaction purpose. Atoban may also decline or block communications that appear fraudulent, abusive, unsafe, or unrelated.

12. BUYERS AND THIRD-PARTY PURCHASERS

Atoban may introduce Sellers to private buyers, dealerships, wholesalers, buying centers, businesses, brokers, commercial purchasers, or other third parties.

Unless expressly stated in writing, Atoban is not affiliated with, does not control, and does not guarantee any purchaser. Atoban does not perform legal, financial, licensing, solvency, payment, or compliance due diligence on every purchaser.

Seller is responsible for deciding whether to meet, trust, negotiate with, accept payment from, sign documents with, release a vehicle to, or complete a sale with any purchaser.

13. SELLER RESPONSIBILITIES

Seller is responsible for:

14. COMMUNICATIONS AND CONSENT

By providing contact information, you consent to transactional communications reasonably related to your inquiry, account, listing, payment, buyer activity, offer, question, photo request, price review, closing, cancellation, dispute, or support request. These communications may be sent by email, SMS, telephone, dashboard notification, or messaging service.

Atoban and authorized service providers, including automated and AI-assisted systems, may send these service communications on Atoban's behalf.

Marketing email and marketing SMS are separate from necessary service communications and are subject to applicable consent and opt-out rules. You may unsubscribe from marketing email using the unsubscribe link and may reply STOP to marketing SMS where supported. Opting out of marketing does not stop necessary transactional messages.

Message and data rates may apply.

15. DATA, PRIVACY, AND RECORDS

Atoban may collect and process contact information, vehicle information, VIN and plate data, mileage, location, condition information, photos, communications, buyer inquiries, offers, pricing records, market data, payment records, activity logs, and transaction information to provide and improve the services, document decisions, prevent misuse, respond to disputes, and comply with legal obligations.

Atoban may receive vehicle information from Sellers, public records, vehicle data providers, marketplaces, CRM systems, forms, APIs, and other service providers. Third-party data may be incomplete, delayed, or inaccurate. Seller must review and correct material errors.

Personal contact information may be shared with a Buyer or transaction provider when authorized by the user or reasonably necessary for an accepted offer, inspection, payment, title transfer, shipping, escrow, or closing. Atoban does not sell personal contact information to third parties for their own marketing.

Additional data practices are described in Atoban's Privacy Policy.

16. THIRD-PARTY PLATFORMS AND DATA PROVIDERS

Atoban may use third-party marketplaces, advertising networks, data providers, communications tools, payment processors, CRM systems, AI providers, analytics services, and software vendors.

Atoban does not control third-party outages, removals, rejected ads, account restrictions, policy changes, buyer conduct, data errors, payment decisions, or service delays. Atoban may modify listing strategy when a platform, provider, or integration becomes unavailable or unsuitable.

17. CLOSING, ESCROW, TITLE, AND TRANSACTION SERVICES

Atoban may recommend or coordinate independent third-party services for payment, escrow-style support, identity verification, lender payoff, title transfer, inspection, shipping, DMV support, or closing.

Use of these services is optional unless the Buyer and Seller separately agree otherwise or a legal, lender, title, or risk requirement makes a particular process necessary.

Escrow and other third-party vehicle transaction fees are additional to Atoban's activation fee, optional upgrade payments and success fee. Atoban does not pay or absorb those transaction charges. Buyer and Seller are responsible according to their separate agreement with each other and the provider, subject to applicable law; no automatic equal split is assumed. They must review and accept the provider's fees and payment allocation before use. The advertising credit cannot pay third-party charges. Advertising channels expressly included in the purchased Atoban service remain included; vehicle-history reports or other separately offered services require their own disclosed price and acceptance.

Third-party services are governed by the provider's own terms. Subject to Section 22 and applicable law, Atoban does not assume the provider’s independent responsibility for its pricing, delays, errors, approval decisions, fund release, title handling, verification, restrictions, or outcome.

18. PAYMENT AND TRANSACTION RISK

Seller is solely responsible for evaluating and verifying the vehicle purchase payment before releasing the vehicle, title, keys, documents, or possession.

Payment methods may involve fraud, reversal, delay, hold, or nonpayment risk, including cash, checks, wires, ACH transfers, peer-to-peer transfers, deposits, lender payoffs, dealer payoffs, and third-party payments.

Subject to Section 22 and applicable law, Atoban does not assume responsibility for independent third-party acts such as counterfeit, forged, stopped, reversed, delayed, or failed payments; buyer default; payoff delay; lien-release delay; title delay; or loss caused by releasing the vehicle before payment and transfer terms are completed to Seller's satisfaction.

19. PROHIBITED CONDUCT

You may not:

Atoban may remove content, block communications, suspend access, terminate service, refuse future service, and pursue amounts owed in response to prohibited conduct.

20. INTELLECTUAL PROPERTY AND LISTING LICENSE

The Website, Atoban name, software, workflows, design, copy, and original materials are owned by or licensed to Atoban and are protected by applicable intellectual-property laws.

Seller retains ownership of Seller-provided photos and content. Seller grants Atoban a nonexclusive, worldwide, royalty-free license during the listing and for reasonable archival, legal, marketing, and recordkeeping purposes to host, copy, edit, format, distribute, advertise, and display that content in connection with Atoban's services.

Seller represents that Seller has the right to provide the content and that its use by Atoban will not violate another person's rights.

21. DISCLAIMERS

Atoban provides the Website and services on an "as available" basis to the maximum extent permitted by law.

Atoban does not provide legal, tax, financial, lending, title, escrow, DMV, inspection, mechanical, or insurance advice. Guidance, price estimates, offer evaluations and AI-assisted output are general information only. You should obtain appropriate advice from your own lawyer, accountant or tax adviser, financial adviser, lender, insurer or relevant authority when needed, and independently verify material facts before acting.

Atoban does not guarantee sale, price, timing, demand, inquiries, offers, buyer financing, payment, title transfer, lender cooperation, platform availability, advertisement performance, or third-party data accuracy. Past results and examples are not promises of future results.

22. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Atoban's total liability for a claim arising from the Website, an account, a listing, a buyer introduction, a transaction, or the services will not exceed the fees the claimant paid to Atoban for the applicable listing or service giving rise to the claim.

To the maximum extent permitted by law, Atoban will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profit, depreciation, lost sale opportunity, failed transaction, buyer default, lender delay, title delay, payment fraud, third-party platform failure, or loss resulting from a user's chosen payment or closing method.

Nothing in these Terms releases, caps or shifts liability for Atoban’s own fraud, willful misconduct, gross negligence, unlawful conduct or other liability to the extent applicable law prohibits that release, cap or shift. Non-waivable consumer rights and remedies remain available. These provisions do not excuse Atoban’s failure to perform an agreed service obligation.

Some jurisdictions do not allow certain limitations, so these limitations apply only to the extent permitted by law.

23. INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Atoban and its owners, employees, contractors, agents, affiliates, vendors, and service providers from third-party claims, losses, liabilities, costs, and reasonable expenses arising from your vehicle, content, misrepresentation, omission, legal violation, title or lien issue, transaction conduct, payment choice, circumvention, or breach of these Terms or the Service Agreement.

This indemnity does not require you to protect Atoban from Atoban’s own conduct where the law prohibits shifting that responsibility, and does not waive non-waivable rights.

24. CHARGEBACKS, DISPUTES, AND UNPAID AMOUNTS

A chargeback, bank reversal, or payment dispute does not cancel an otherwise valid amount owed.

If Atoban prevails in a dispute involving a valid charge, the user remains responsible, to the extent permitted by law, for the original amount and reasonable processor, network, bank, arbitration, collection, filing, and legal costs actually incurred. Any separate administrative recovery fee must be disclosed in the applicable agreement and is enforceable only to the extent permitted by law.

Atoban may pause or terminate service and pursue lawful collection remedies for unpaid valid balances.

25. TERMINATION

Atoban may suspend or terminate Website access, accounts, listings, or services for nonpayment, inaccurate information, misuse, noncooperation, circumvention, fraud risk, safety risk, legal risk, platform risk, or breach of an applicable agreement.

Termination does not eliminate valid fees earned or owed before termination. Refund rights, if any, are governed by the Cancellation & Refund Policy and applicable law.

26. DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW

Before filing arbitration, the parties agree to attempt in good faith to resolve the dispute informally for at least 30 days after written notice describing the dispute and requested resolution.

To the fullest extent permitted by law, unresolved disputes arising from these Terms or Atoban's services will be resolved by individual binding arbitration. Each party waives a jury trial and participation in a class action, class arbitration, collective action, or representative proceeding.

This provision does not prevent either party from seeking an available small-claims remedy, emergency injunctive relief, or lawful collection remedy where permitted.

These Terms are governed by the laws of the state in which Atoban is legally organized, without regard to conflict-of-law principles. Mandatory consumer protections in a user's home jurisdiction remain applicable where they cannot legally be waived.

27. CHANGES TO THESE TERMS

Atoban may update these Terms. Changes apply prospectively from the stated effective date and do not retroactively alter pricing or earned obligations for an already activated listing unless the parties agree in writing.

Atoban may provide notice by posting the revised Terms, updating the effective date, sending an electronic notice, or presenting the revised Terms during a new activation, reactivation, upgrade, or material service change.

28. GENERAL TERMS

If a provision is held unenforceable, the remaining provisions remain in effect and the affected provision will be enforced to the maximum lawful extent.

Atoban's failure to enforce a provision is not a waiver. You may not assign your rights or obligations without Atoban's written consent. Atoban may assign these Terms as part of a merger, acquisition, financing, reorganization, or transfer of its business or assets.

These Terms, together with the Service Agreement, Cancellation & Refund Policy, Privacy Policy, checkout disclosures, and applicable written plan terms, form the entire agreement concerning the Website and services.

29. CONTACT

Questions or legal notices concerning these Terms may be sent to:

team@atoban.com