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VEHICLE MARKETING AND SUPPORT SERVICE AGREEMENT

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Original Effective Date: October 1, 2026
Last Revised: November 6, 2026

This Vehicle Marketing and Support Service Agreement (also referred to as the Seller Agreement; the "Agreement") is between you ("Seller," "you," or "your") and Atoban ("Atoban," "we," "us," or "our").

By submitting a vehicle for listing, selecting a plan, paying an activation fee, approving a listing, providing a payment method, accepting a buyer introduction, or otherwise using Atoban's managed vehicle sale services, you agree to this Agreement, Atoban's Terms of Service, Cancellation & Refund Policy, Privacy Policy, checkout disclosures, and any written plan-specific terms that apply to your listing.

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

Viewing the website, requesting a valuation or providing contact information alone does not purchase a paid service or authorize a card hold or charge. Paid services and payment authorizations require the applicable affirmative acceptance.

1. APPLICABILITY

Original Effective Date: October 1, 2026. This revision is dated November 6, 2026. It applies when presented and accepted for a new service, or when an update becomes applicable to an existing service following the notice and consent required by applicable law and the accepted agreement.

Atoban retains the fees, benefits, service term, payment authorizations, refund rights and agreement version accepted for each listing. Publication of this revision does not represent an earlier customer's acceptance of new financial obligations or card authorizations. Applicable mandatory rights remain in effect.

2. WHAT ATOBAN DOES

Atoban provides vehicle marketing, market research, listing coordination and advisory support for a private-party sale. Seller remains the vehicle seller. Depending on the selected plan, vehicle, market, listing viability, and Seller cooperation, Atoban may provide or coordinate:

  • Vehicle-data and market research

  • A suggested starting price and later pricing recommendations

  • Listing preparation and professional copy

  • Atoban marketplace publication

  • Posting or advertising through selected third-party channels

  • Buyer question and message handling

  • Buyer screening and scam-risk reduction steps

  • Offer organization and help with negotiation

  • Seller activity updates and follow-up

  • Guidance regarding payment, title transfer, lender payoff, and closing logistics

Atoban coordinates marketing and support; Seller makes the sale decisions. Results depend on price, condition, mileage, photos, location, title status, history, buyer demand, platform availability, and Seller cooperation.

Atoban may decide which channels, workflows, and reasonable methods to use. Not every listed activity will be used for every vehicle.

3. ROLE AND SELLER CONTROL

Atoban does not purchase, own or take physical possession of Seller’s vehicle, receive the vehicle’s sale proceeds, or become the vehicle seller. Seller and Buyer enter and complete their vehicle sale directly. Atoban’s separate agreement concerns its marketing and support services.

Starting prices, price changes, offer evaluations, negotiation suggestions, transaction options and general closing information from Atoban, its agent or an automated tool are recommendations. Seller may accept or reject a recommendation. Seller approves the advertised price or expressly delegates pricing authority under Section 10. Seller alone approves the final buyer offer; silence does not create that approval. Atoban cannot sign a vehicle sale agreement, accept an offer or bind Seller to a sale on Seller’s behalf.

Atoban does not act as Seller’s lawyer, accountant, tax adviser, financial adviser, lender, escrow holder, title company, inspection provider or DMV representative. General information does not replace independent professional advice. Seller should consult an appropriate qualified professional or institution for legal, tax, financial, ownership, lien, payment and transfer questions before acting.

A sale, price, timeframe, buyer funding, payment clearance, payoff or title transfer is not promised. This description does not establish an exemption from any licensing or other legal requirement.

4. YOUR CAR’S AGENT AND OPTIONAL UPGRADES

4.1 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.

This pricing remains available until Atoban changes it. A later price applies only when presented and accepted for a new purchase; it does not change an existing purchase.

4.2 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.

4.3 Optional Upgrades After Listing

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

  • More advertising: $30. Atoban manages additional paid Meta advertising on Facebook and/or Instagram. This is a paid campaign, not a Facebook Marketplace listing. Atoban determines campaign timing, targeting, placements and spending within its service allocation. A fixed number of advertising days, views, interested buyers, offers, or a faster sale is not promised.

  • Priority support: $50. Faster response handling and phone support for up to 120 days from the ORIGINAL successful listing payment, ending 30 days after the car sells or at day 120 from that payment, whichever comes first. Buying the upgrade later does not restart or extend this period. No weekly check-in, fixed response deadline or 24-hour support is included.

  • Initial setup offer before first publication: both upgrades together are $50 additional, a $30 discount from the separate $50 Priority Support and $30 More advertising prices. Including the original $37 listing payment, cumulative upfront charges are $87. After first publication, services are purchased separately: $50 Priority Support, $30 More advertising, or $80 for both missing services. Only missing benefits are charged. Before first publication, a previously paid advertising upgrade counts toward the $50 combined price; adding support costs $20. A previously paid $50 support upgrade may add advertising for no additional charge during that initial window, with explicit selection and acceptance. A checkout started before first publication retains its quoted initial price only until the checkout expiry displayed by Stripe, no more than 24 hours, provided payment completes by that expiry. Publishing, pausing or resuming a listing does not restart the initial window. Existing accepted offers remain governed by their original terms. The $30 combined discount and the conditional $30 success-fee credit are different benefits; separately purchased advertising also earns that same credit.

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.

4.4 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.

4.5 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.

4.6 Promotional Success-Fee Credits

A promotional success-fee credit applies only when the listing qualifies under the disclosed promotion and the credit is recorded for that listing. An eligible $100 promotion reduces the earned success fee by $100; it is not a cash payment, activation-fee refund or credit automatically available to every listing.

Eligible advertising and promotional credits are deducted once each after the success fee and its minimum or maximum are calculated, subject to any disclosed combination rules. The fee cannot be reduced below zero, and a payment retry does not create another credit. Atoban's closing statement identifies the fee and credits applied. No credit pays a third-party transaction charge unless expressly agreed.

5. ACTIVATION FEE

The $37 activation fee is earned and ordinarily nonrefundable once Atoban begins the initial purchased services. Initial services may include onboarding, account processing, vehicle-data review, market and comparable-vehicle research, pricing recommendations, listing preparation, and selling-agent review and administration.

Changing a decision to sell, withdrawing the vehicle, declining recommendations, receiving no offers, an independent sale, or a vehicle not selling does not by itself create a refund entitlement after the activation fee is earned. Mandatory refund rights, correction of duplicate or erroneous charges, and any expressly accepted refund entitlement remain applicable. Atoban may approve an exceptional goodwill refund without creating a general entitlement. Optional upgrades and the success fee are separate charges governed by their accepted terms.

6. LISTING INTAKE, REVIEW, AND APPROVAL

Seller must complete the requested vehicle and condition information and provide acceptable photographs. Atoban may create a draft listing that remains pending and not publicly available until reviewed.

Atoban may reject, remove, or request replacement of photos or content that are unrelated, misleading, poor quality, duplicated, unlawful, offensive, unsafe, copyrighted by another party, or inconsistent with the vehicle.

Seller must review listing information and promptly report errors. Atoban may correct formatting, spelling, data normalization, image order, and obvious inconsistencies. Material changes to vehicle condition, title history, mileage, price, or Seller representations may require Seller confirmation.

Atoban website publication and external advertising may have different readiness requirements. A website-only listing does not mean external advertising is ready or that outstanding photo or information requests are complete. Seller must supply accurate current information and any required replacement photos. Material appearance changes must be disclosed.

7. VEHICLE DATA, MARKET DATA, AND AI-ASSISTED TOOLS

Atoban may obtain vehicle specifications, VIN decode information, market listings, valuation indicators, and other data from Seller, public sources, vehicle-data providers, marketplaces, APIs, CRM records, and software vendors.

Third-party vehicle and market data may be incomplete, delayed, duplicated, or inaccurate. Comparable listings are asking prices and may not represent completed-sale prices, trade-in values, wholesale values, or guaranteed Buyer offers.

Atoban may use automated and AI-assisted tools to summarize data, draft listing copy, organize inquiries, prepare recommendations, and support operations. Atoban does not promise that automated output is error-free. Seller must report known inaccuracies, and Atoban may require human review before publication or a material pricing decision.

8. OPTIONAL VEHICLE HISTORY REPORTS

If offered separately, a vehicle history report is optional, individually quoted before purchase and subject to the provider’s permitted use and availability. It is not a mechanical inspection. Seller remains responsible for disclosing known material vehicle history. No history report is included in the $37 core offer unless expressly stated at purchase.

9. OTHER OPTIONAL PAID SERVICES

The optional advertising and priority-support upgrades are described in Section 4. Additional services, if offered, are individually described and priced before purchase and require Seller’s selection. Atoban does not promise a particular number of views, inquiries, offers, or a sale. Refund rights are governed by the accepted Cancellation & Refund Policy and applicable mandatory law.

10. PRICING RECOMMENDATIONS AND AUTHORITY

Atoban may suggest a starting price or later adjustment using available comparable listings, vehicle information, condition, history, mileage, location, buyer activity and Seller goals. These are estimates and suggestions, not binding valuations, promised proceeds or instructions Seller must follow.

Seller approves the initial advertised price unless Seller has expressly authorized Atoban to set it. Seller may give Atoban documented authority to adjust the advertised price within agreed limits or other recorded instructions. A change within that authority does not require separate approval each time; Atoban records the reason and notifies Seller of the change.

A change outside the recorded authority, including below a recorded minimum, requires Seller's new authorization. Seller may change or withdraw pricing authority for future changes by notifying Atoban. Silence alone does not create or expand pricing authority. Seller alone accepts, rejects or counters a buyer's final offer and decides whether to enter and complete a vehicle sale.

11. SELLER REPORTING AND COOPERATION

Seller agrees to respond reasonably promptly to Atoban's requests concerning vehicle information, photographs, buyer questions, offers, pricing, inspections, title, payoff, and closing.

If Seller becomes unresponsive, keeps the vehicle unavailable, declines to answer material buyer questions, repeatedly rejects reasonable listing requirements, or otherwise prevents Atoban from performing the selected service, Atoban may pause follow-up, automation, buyer outreach, advertising, or the listing until Seller responds.

Atoban may terminate a listing where continued service is commercially unreasonable or creates legal, payment, fraud, safety, platform, or reputational risk.

Seller must notify Atoban within 24 hours after completing a transaction involving an Atoban-introduced buyer and report the actual final selling price. Seller must provide reasonable transaction documentation when requested and promptly report a failed transaction, delay or material change in closing arrangements.

After accepting an offer, Seller must keep Atoban informed of inspections, meetings, payment arrangements and closing developments. Seller must respond to a written closing-information request within 48 hours after it is sent to Seller's recorded contact address or Seller Dashboard, unless the notice allows more time or applicable law requires otherwise. Seller may explain why a record is not yet available.

If Seller does not respond, Atoban may place the listing into closing review, pause or close advertising, suspend further managed work where permitted, issue a final information request and review reasonably available transaction evidence. Material noncooperation may constitute a breach, subject to applicable notice and cure requirements.

Seller cannot avoid an earned fee by withholding records, failing to reply, moving negotiations off-platform, cancelling the listing or closing an account. Atoban may establish a completed attributable sale and actual price through reliable evidence, including a signed bill of sale, payment or title-transfer record, or corroborated buyer confirmation. Additional Seller approval of the resulting fee calculation is not required where the accepted agreement already authorizes it.

Atoban may record a reliably verified actual sale date even when the sale is reported later. That does not change an agreement's revision date or create earlier acceptance of new terms. Nonresponse, an accepted offer or an inspection alone does not establish a completed sale or make a success fee payable.

12. BUYER COMMUNICATION AND ADVISORY SUPPORT

Seller authorizes Atoban to receive, organize and relay buyer inquiries and offers, answer using Seller-approved information, and help Seller evaluate negotiation options through the website, dashboard, email, SMS, phone or selected marketplaces.

Atoban may suggest acceptance, rejection or a counteroffer and may relay a response Seller expressly approves. Seller alone decides the response and final acceptance. Atoban does not bind Seller to a price, offer, payment method or vehicle sale agreement. Buyer screening and message handling do not establish a purchaser’s ability to pay or the safety of a transaction.

Seller contact details may be withheld until reasonably needed for an approved inspection, meeting, payment or closing. Seller decides whether and on what terms to meet or transact.

13. OFFERS AND BUYER QUESTIONS

An offer displayed or relayed by Atoban is not proof of funds, financing approval, a deposit, a completed sale, or a binding vehicle purchase agreement unless Seller and Buyer separately enter an enforceable agreement.

Seller is responsible for reviewing and responding to offers. A rejected or expired offer is no longer open for acceptance unless the Buyer renews it. A Seller counteroffer is a new proposal and may be accepted, rejected, ignored, or countered by the Buyer.

Seller is responsible for answering material questions truthfully. Atoban may record and relay Seller's answer to prospective Buyers and may use the answer to update the listing where appropriate.

14. BUYER SCREENING LIMITS

Atoban may use reasonable screening steps, but does not perform comprehensive legal, financial, licensing, solvency, criminal, identity, payment, or compliance due diligence on every private Buyer, dealer, wholesaler, business, broker, or other purchaser.

Seller decides whether to meet, trust, negotiate with, accept payment from, sign with, release a vehicle to, or complete a transaction with a Buyer. Seller should stop the transaction if any person, payment method, document, or process appears unsafe or suspicious.

15. SELLER RESPONSIBILITIES

Seller represents and agrees that:

  • Seller is the lawful owner or has legal authority from the lawful owner to list and sell the vehicle.

  • The vehicle is available for sale and legally transferable.

  • All information provided is accurate and not misleading.

  • Seller will disclose known defects, damage, title brands, odometer issues, accidents, liens, leases, loans, payoff balances, negative equity, and transfer restrictions.

  • Seller will keep mileage, availability, condition, and payoff information current.

  • Seller will maintain appropriate insurance and legal registration until transfer.

  • Seller will not use Atoban's work or Buyer introductions to avoid a valid fee.

  • Seller will notify Atoban promptly if the vehicle is sold, traded, withdrawn, stolen, damaged, or no longer available.

Seller is solely responsible for required legal disclosures, taxes, emissions or smog requirements, registration, title documents, bill of sale, lien satisfaction, and compliance with applicable vehicle-sale law.

16. LOANS, LEASES, LIENS, AND NEGATIVE EQUITY

Seller must disclose any loan, lease, lien, payoff balance, title hold, or transfer restriction before listing approval and must update the information if it changes.

Seller is responsible for obtaining a current payoff, confirming payoff instructions and expiration dates, determining whether Seller must bring funds to closing, and confirming when the lender will release title or lien.

Atoban does not arrange deficiency financing, guarantee lender cooperation, or promise that a sale will cover the payoff. The success fee is not earned until an Atoban-attributed sale actually completes. Separately purchased service fees and third-party costs remain governed by their accepted terms and applicable law.

17. CLOSING, PAYMENT, ESCROW, AND TRANSACTION SERVICES

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

Escrow and similar transaction services are optional unless Seller and Buyer agree to use them or a legal, lender, title, or risk requirement makes a particular service necessary.

Third-party vehicle transaction fees, including escrow-provider, title-transfer, lien-payoff, inspection, shipping, DMV and external vehicle-payment charges, are additional to Atoban's activation fee, optional upgrade payments and success fee. Atoban does not pay or absorb these separate transaction charges. Seller and Buyer are responsible for those fees as allocated by 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 charges and payment allocation before using the service. The $30 advertising credit applies only to Atoban's success fee and cannot pay third-party charges. Advertising channels expressly included in the purchased Atoban service remain included.

Use of a third-party service is governed by that provider's terms, fees, requirements, and timelines. Subject to Section 33 and applicable law, Atoban does not control and does not assume the provider’s independent responsibility for its pricing, delay, error, approval, denial, verification decision, fund release, title handling, payoff handling, restriction, or outcome.

Seller should retain secure copies of the signed bill of sale, payment records, any cashier's check used, other documents signed by either party, and ID records lawfully collected, for the applicable retention period and any ongoing dispute. Seller should complete any required state notice of sale, release of liability or title-transfer steps on time and retain confirmation. Requirements vary by state. Sensitive records requested by Atoban should be provided through an appropriate secure channel. Seller may contact team@atoban.com for general closing support within the purchased service scope.

18. VEHICLE SALE PAYMENT RISK

Seller is responsible for deciding which vehicle purchase payment method to accept and for independently confirming final and available funds with Seller's financial institution before releasing the vehicle, title, keys, signed documents, or possession.

Payment methods including cash, cashier's checks, certified checks, personal or business checks, dealer checks, wire transfers, ACH transfers, peer-to-peer transfers, lender payoffs, dealer payoffs, deposits, and third-party payments may involve fraud, reversal, hold, delay, or nonpayment risk.

Subject to Section 33 and applicable law, Atoban does not assume responsibility for independent third-party acts such as counterfeit or forged instruments, stopped or reversed payments, failed transfers, payment holds, Buyer default, payoff failure, lien-release delay, title delay, or Seller's decision to release property before the transaction is completed to Seller's satisfaction.

19. SUCCESS-FEE PAYMENT

The success fee is earned and payable when a completed sale attributable to Atoban and the actual final price are established through reliable transaction evidence. Evidence may include a signed bill of sale, completed payment or title-transfer record, or corroborated buyer confirmation. Seller's failure to report or provide records does not erase an earned fee, and an additional approval of the fee calculation is not required where already authorized by the accepted agreement.

Seller must report a completed transaction within 24 hours and cooperate with reasonable requests under Section 11. An inquiry, accepted offer, inspection or unanswered message alone does not make a success fee payable.

Atoban will provide an itemized closing statement showing the actual sale price, the accepted fee calculation and eligible credits. Atoban may issue an invoice or payment link and collect an earned amount using the saved payment method to the extent authorized by Seller and permitted by applicable law.

20. PAYMENT METHODS

Atoban uses the payment methods presented by its processor at checkout. For this offer, Atoban does not add a separate card surcharge to the stated activation, upgrade or calculated success fee. Third-party vehicle transaction costs are separate and require their own disclosures and agreement.

21. PAYMENT AUTHORIZATION AND STORED PAYMENT METHODS

By paying the activation fee and actively accepting the checkout authorization, Seller authorizes Atoban’s payment processor to save the payment method for the agreed success fee following a completed Atoban-attributed sale. Atoban records the purchased offer version, selected benefits, agreement acceptance and verified payment reference for the particular vehicle.

An optional upgrade requires its own selection and payment; Atoban does not automatically add it. Atoban will not charge a success fee merely because an offer was received or accepted without a completed sale. Seller remains responsible for an earned amount if the saved card is declined or further authentication is required. The credit is applied once, and a collection retry does not create another fee or another credit.

21.1 Temporary Success-Fee Authorization After Offer Acceptance

Where Seller expressly accepts the temporary payment authorization presented with this Agreement, Seller authorizes Atoban and its payment processor to place a temporary hold on the authorized saved card after Seller accepts an offer from an Atoban-introduced buyer. Atoban records that acceptance for the particular listing. Merely visiting the website or having a saved card does not supply this authorization.

The hold amount is the estimated success fee under Seller's accepted fee schedule using the accepted offer price, less eligible advertising and promotional credits recorded for the listing. It is a hold for Atoban's fee, not the vehicle's purchase price. Atoban adds no separate hold fee.

A hold reserves available credit or funds; it does not collect the fee or establish that the vehicle has sold. The card issuer may decline it or require authentication or updated payment details. Where permitted by the accepted authorization and applicable law, new messages between Seller and the buyer whose offer was accepted may be paused while the required authorization is pending, declined, expired or otherwise unverified. Existing conversation history, support, meeting details, sale reporting and documents remain accessible.

Atoban may collect only an earned success fee after the attributable sale is completed and its actual final price is established under Section 19. The final amount includes applicable credits. If it is lower than the hold, only that amount is collected and the remainder is released. A higher amount requires another properly authorized payment. Offer acceptance, an inspection, exchanged contact details or nonresponse alone does not make the fee payable.

If the transaction does not proceed, Atoban will request cancellation of the hold. Authorizations expire under the processor and issuer's rules, and the bank determines when released funds become available. Expiration is not permission to collect. A renewed hold requires Seller action and any required authorization; repeated or indefinite holds are not created by this clause.

This authorization is not retroactively added to an earlier purchase. An existing seller may separately accept it without changing previously purchased fees, benefits, duration or refund rights. A successful hold or future collection is not promised.

22. FAILED PAYMENTS AND OVERDUE BALANCES

An earned success fee becomes payable under the accepted Service Agreement when an Atoban-attributed sale is completed and its actual final price is established through reliable transaction evidence. A declined, expired, disabled or unavailable payment method does not erase an earned balance. Seller must maintain a valid authorized payment method while that balance remains outstanding, or promptly arrange another accepted payment method.

If payment fails, Atoban will notify Seller of the amount and its basis and provide a way to resolve payment. Seller has seven calendar days after that notice to pay or raise a supported dispute before any separately disclosed, accepted and legally permitted overdue charge may apply. This grace period does not make an unearned fee payable.

This revision imposes no automatic default-interest rate, flat fraud penalty, late fee or administrative surcharge. Any additional overdue charge requires a separately disclosed and accepted basis where required and must comply with applicable law. Atoban will not compound interest or recover the same loss twice under this provision. A good-faith payment dispute does not itself establish fraud or bad faith.

After 14 days overdue, Atoban may issue a formal notice and escalate the account for internal review. After 30 days overdue, Atoban may refer the matter for review of lawful collection or legal remedies. Mandatory notices, cure periods, dispute rights and other nonwaivable protections continue to apply.

23. CANCELLATION

Seller may request cancellation by emailing team@atoban.com from the listing email. Atoban will stop future managed work and begin removing managed ads where supported. Cancellation does not erase a success fee already earned on a completed Atoban-attributed sale or separately accepted third-party costs.

The new offer does not include a no-offer cancellation-refund promotion. Refund rights follow the accepted Cancellation & Refund Policy and mandatory law. Earlier customers retain any refund rights actually included in their accepted agreements.

24. CONCEALMENT, CIRCUMVENTION AND SALE AFTER CANCELLATION

Seller must not intentionally conceal a completed Atoban-attributed sale, misstate the final price or buyer identity, or use private negotiations, another person, an off-platform transfer, cancellation or account closure to avoid an earned success fee. An attributable sale remains subject to the accepted fee schedule even when completed outside Atoban or after the listing ends.

Where reliable evidence establishes intentional concealment or circumvention, Atoban may pursue the full earned fee, applicable lawfully agreed overdue charges, reasonable documented investigation and recovery expenses where recoverable, permitted collection and legal costs, suspension or termination, and other remedies available under the accepted agreement and applicable law. Recovery must be supported, proportionate where required and not duplicated.

No arbitrary automatic fraud penalty is imposed. A genuinely independent sale without material Atoban involvement does not earn a success fee. Seller silence alone is not proof of concealment, payment, vehicle delivery, title transfer or a completed sale.

25. CHARGEBACKS, DISPUTES AND RECOVERY COSTS

A chargeback, payment dispute or reversal does not by itself erase a properly earned balance. Atoban may retain and present the accepted agreement, payment authorization, service and sale evidence, promotional-credit record, itemized fee, communications and payment history when responding to a dispute.

Atoban may seek reasonable documented investigation, processor, bank, arbitration, collection, filing or legal costs only to the extent recoverable under the accepted agreement and applicable law. This revision imposes no automatic $45, $250 or percentage-based administrative penalty and does not penalize a lawful good-faith dispute. Customer statutory dispute rights remain available.

26. SERVICE TERM AND LISTING STATUS

Managed selling support lasts 90 days from the successful listing payment. A separately paid priority-support upgrade ends at the earlier of 120 days from that original payment or 30 days after the completed sale. For example, a car sold on day 2 has priority support through day 32; a car sold on day 110 has priority support through day 120. There is no automatic paid renewal. A separately agreed extension requires its own description and acceptance.

Atoban may pause a sold, unavailable, unresponsive or unsuitable listing and stop related follow-up or advertising. A public sold or archival page may remain for market history and recordkeeping; its continued visibility does not extend the paid service term.

27. TERMINATION BY ATOBAN

Atoban may pause, suspend, remove, or terminate a listing or account for:

  • Nonpayment or failed payment authorization

  • Inaccurate, incomplete, or misleading information

  • Unavailable or legally nontransferable vehicle

  • Undisclosed title, loan, lease, lien, payoff, damage, or history issue

  • Seller nonresponse or noncooperation

  • Fraud, safety, legal, platform, payment, operational, or reputational risk

  • Circumvention 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.

28. COMMUNICATIONS AND ELECTRONIC CONSENT

Seller authorizes service communications concerning the inquiry, onboarding, photos, review, pricing, buyer activity, offers, payment, closing, cancellation, disputes and support through email, the Seller Dashboard, calls and other authorized channels. SMS and automated calls or messages are used only with the consent and disclosures required by applicable law; providing contact details does not substitute for any additional required consent.

Message frequency varies and message or data rates may apply. Seller may use the applicable STOP or other opt-out method for texts, or request help at team@atoban.com. Opting out of texts does not waive an earned payment obligation; Atoban may use another lawful channel. No working SMS service or particular delivery result is promised by this Agreement.

Marketing communications require the consent applicable to that channel and remain separate from service messages. Required opt-outs and nonwaivable communication rights remain available. Seller agrees that affirmative electronic acceptance and electronic records may document the agreement to the extent permitted by law.

29. PRIVACY AND CONTACT INFORMATION

Atoban may collect and process Seller information, vehicle information, VIN and plate data, mileage, location, condition information, photos, history information, market data, listing activity, communications, buyer questions, offers, payment records, and sale records to provide services, document activity, prevent misuse, improve operations, and respond to disputes.

Atoban may withhold Seller's personal contact information from prospective Buyers until Seller authorizes disclosure or sharing becomes reasonably necessary for an accepted offer, inspection, test drive, payment, title transfer, shipping, or closing.

Atoban's Privacy Policy provides additional information about data practices.

30. THIRD-PARTY PLATFORMS

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

Atoban does not control third-party outages, policy changes, listing removals, ad rejection, account restrictions, incorrect data, Buyer behavior, processor decisions, bank decisions, or service delays. Atoban may change listing strategy or vendors when necessary.

31. NO GUARANTEE OF SALE OR RESULT

Seller controls acceptance of the final offer. Atoban cannot complete or bind Seller to a sale without Seller's approval.

A sale, final sale price, or sale timeframe is not promised. Price, condition, history, mileage, location, buyer demand, title/payoff issues, buyer funding, and Seller availability affect results.

Past examples do not establish a typical or certain result. Atoban does not promise that every private sale produces more than every dealer offer.

32. INDEPENDENT VERIFICATION AND PROFESSIONAL ADVICE

Atoban’s pricing, offer and transaction recommendations, including AI-assisted output, are general information. They are not legal, tax, financial, accounting, lending, title, escrow, DMV, mechanical, insurance or investment advice.

Seller independently evaluates the vehicle’s value and any recommendation and obtains appropriate advice from Seller’s own lawyer, accountant or tax adviser, financial adviser, lender, insurer, inspection provider or relevant authority when needed. Seller verifies ownership, disclosures, title, registration, emissions, liens, payoff instructions, payment clearance, taxes and transfer requirements before completing the transaction or releasing property.

Seller remains responsible for Seller’s decisions, representations, approvals and obligations before, during and after the sale. This allocation does not excuse Atoban from its own agreed service obligations or responsibility that applicable law does not permit it to exclude.

33. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Atoban's total liability for any claim arising from this Agreement, the listing, the vehicle, a Buyer introduction, a payment, a payoff, a title transfer, or the services will not exceed the total fees Seller paid to Atoban for the applicable listing.

To the maximum extent permitted by law, Atoban will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profit, vehicle depreciation, lost sale opportunity, failed transaction, Buyer default, dealer default, lender delay, title delay, payoff delay, payment fraud, platform failure, or loss resulting from Seller's selected payment or closing method.

Nothing in this Agreement 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 permit particular limitations, so these limitations apply only to the extent permitted by law.

34. INDEMNIFICATION

To the extent permitted by law, Seller agrees 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:

  • Seller's vehicle, content, conduct, or transaction

  • Inaccurate information, misrepresentation, or omitted disclosure

  • Title, ownership, loan, lease, lien, payoff, registration, or transfer issues

  • Seller's violation of law or another person's rights

  • Seller's chosen payment or closing method

  • Seller's dispute with a Buyer or third-party provider

  • Circumvention or breach of this Agreement

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

35. DISPUTE RESOLUTION AND ARBITRATION

Before filing arbitration, Seller and Atoban agree to attempt in good faith to resolve a 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 this Agreement or Atoban's services will be resolved by individual binding arbitration. Seller and Atoban waive a jury trial and participation in a class action, class arbitration, collective action, or representative proceeding.

This section does not prevent an available small-claims action, emergency injunctive relief, or lawful collection remedy where permitted.

36. GOVERNING LAW

This Agreement is governed by the laws of the state in which Atoban is legally organized, without regard to conflict-of-law principles. Mandatory consumer protections that cannot lawfully be waived remain applicable.

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

37. CHANGES TO AGREEMENTS AND POLICIES

Atoban reserves the right to amend, update, replace or modify its Service Agreement, Terms of Service, Cancellation & Refund Policy and related policies at its discretion, subject to applicable law. Changes may include services, operating procedures, listing requirements, payment procedures, fees and other contractual provisions.

Updated terms will be published on Atoban's website with an accurate revision date. Atoban may notify customers of material changes through email, the Seller Dashboard or another appropriate communication channel, and will provide notice where required by applicable law.

Changes become effective in accordance with applicable law and the notice and consent requirements governing the relevant change. Where additional customer consent is required for a material change to an existing agreement, including a new payment obligation or card authorization, Atoban will obtain and document that consent.

Atoban may require acceptance of updated terms for future listings, renewals, upgrades or additional services. Historical agreements and customer acceptance records remain preserved. New provisions are not represented as having been accepted before the required acceptance occurred.

38. ENTIRE AGREEMENT AND ORDER OF CONTROL

This Agreement, together with Atoban's Terms of Service, Cancellation & Refund Policy, Privacy Policy, checkout disclosures, and written plan-specific terms, forms the agreement concerning the listing and managed sale services.

For listing-related matters, this Agreement controls over the general Terms of Service. A later written plan-specific agreement signed or electronically accepted by Seller controls over inconsistent general language for that listing. Mandatory law controls over all documents.

No oral statement changes this Agreement unless Atoban confirms the change in writing.

39. CONTACT

Atoban
Website: atoban.com
Email: team@atoban.com

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