SERVICE AGREEMENT
This Service Agreement (the "Agreement") is entered into between you ("Seller") and Atoban.com ("Atoban," "we," "us," or "our"). By submitting a vehicle, activating a listing, or otherwise using Atoban's services, you agree to be bound by this Agreement. If you do not agree, do not use Atoban's services.
1. APPLICABILITY
This Agreement applies to all vehicle listings activated on or after January 01, 2026.
Listings activated prior to this date remain governed by the terms in effect at the time of activation, unless the Seller relists or reactivates under the current terms.
2. WHAT ATOBAN DOES
Atoban provides managed private-party vehicle sale representation. We act on your behalf to sell your vehicle in the private market for the highest achievable price.
Services may include, at Atoban's discretion based on your selected plan:
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Market-based pricing research and recommendations
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Professional listing creation across multiple platforms
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Paid and organic advertising (plan-dependent)
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Complete buyer communication on your behalf
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Buyer screening and qualification
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Negotiation on your behalf
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Guidance on payment collection, title transfer, and loan or lease payoff coordination
Important clarifications:
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Atoban is not a licensed motor vehicle dealer, broker, auctioneer, lender, or escrow agent.
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Atoban does not purchase, take ownership of, or take possession of your vehicle.
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All transactions occur directly between Seller and Buyer.
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Atoban does not guarantee a sale, sale price, or sale timeframe.
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Atoban uses automated systems, including AI-assisted communication tools, to manage buyer inquiries and seller communications on your behalf.
3. SERVICE PLANS AND FEES
Atoban offers three service plans. All plan fees, daily fees, and success fees are summarized below.
Plan Structure
PlanActivation FeeDaily FeeSuccess FeeMin Success FeeMax Success Fee
Starter $19 $1/day while active 4% of sale price min $599 max $2,999
Pro $49 $1/day while active 2.5% of sale price min $399 max $1,999
Max $99 $1/day while active 1.5% of sale price min $299 max $1,499
Plan inclusions:
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Starter: Atoban marketplace listing, AI-assisted pricing analysis, full buyer negotiation, complete privacy protection.
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Pro: Everything in Starter, plus Craigslist, OfferUp, and Facebook Marketplace listings. Includes the 30-Day Qualified Offer Guarantee (Section 5).
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Max: Everything in Pro, plus paid Facebook and Instagram advertising, Carfax report, full closing support. Includes the 30-Day Qualified Offer Guarantee (Section 5).
Activation Fee
The activation fee is charged at the time the listing is activated. Activation fees are non-refundable once services have commenced.
Daily Listing Fee
A daily fee of $1.00 per calendar day applies while your listing is active. The daily fee begins to accrue on the date your listing is activated and continues to accrue each day until the listing ends due to sale or cancellation.
Success Fee
A success fee applies if your vehicle sells to a buyer introduced through Atoban. The success fee is calculated as a percentage of the final sale price, subject to the minimum and maximum amounts shown in the plan table above. The success fee:
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Is only charged when the vehicle actually sells. It is never charged in advance.
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Applies even if the transaction is completed outside Atoban's platform, provided the buyer was introduced through Atoban or any marketing activity Atoban conducted on the Seller's behalf.
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Is in addition to the activation fee and accrued daily fees.
Cancellation
You may cancel at any time. Upon cancellation, daily fees stop accruing as of the cancellation date. Activation fees and any accrued daily fees through the cancellation date are non-refundable.
4. BILLING, PAYMENT METHOD, AND FAILED CHARGES
Billing Schedule
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The activation fee is billed at activation.
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Daily fees are billed in 30-day cycles measured from the activation date, not on a fixed monthly calendar date. Atoban may, at its discretion, batch and bill accrued daily fees on a different cadence (for example, at sale or at cancellation).
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The success fee is billed upon confirmation of a completed sale.
Authorization to Charge
By providing a payment method, you authorize Atoban to charge that payment method for all fees owed under this Agreement, including activation fees, daily listing fees, and success fees.
Valid Payment Method Requirement
Seller is responsible for maintaining a valid, working payment method on file at all times during the active listing period. If a payment method becomes invalid, expired, or is declined for any reason, Seller agrees to provide a replacement payment method promptly upon request.
Failed Payments and Retroactive Billing
If a charge attempt fails for any reason — including but not limited to declined cards, insufficient funds, expired cards, or technical failures on Atoban's billing system — the underlying fees continue to accrue and remain owed. When a working payment method is restored, Atoban may retroactively bill all accrued unpaid daily fees and any other amounts owed.
Atoban reserves the right, but is under no obligation, to waive any portion of accrued daily fees in cases where the billing failure was attributable to Atoban's systems.
Late or Unpaid Fees
If any fee owed to Atoban remains unpaid for more than 14 days after a charge attempt, Atoban may pause or terminate the listing without further notice and pursue collection of the unpaid amount.
5. 30-DAY QUALIFIED OFFER GUARANTEE
Available on Pro and Max plans only.
If Atoban does not produce at least one qualified buyer offer within the first 30 days of your active listing, your next 30-day period (activation fee waived; daily fees still apply) is provided at no charge.
Conditions for eligibility:
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Seller must follow Atoban's pricing guidance. Sellers who decline all recommended pricing adjustments are not eligible.
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Seller must remain reasonably responsive to Atoban communications during the active period (see Section 7).
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"Qualified offer" means a serious, verifiable offer from a buyer introduced through Atoban's marketing activity. Lowball or fraudulent offers do not qualify.
6. ACTIVE MANAGEMENT PERIOD
Atoban actively manages your listing for up to 30 calendar days from activation. During this period:
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Atoban deploys paid or organic promotion at its discretion based on your plan.
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Atoban may recommend pricing adjustments based on real-time market data.
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Seller agrees to remain responsive within the timeframes set out in Section 7.
If Seller declines pricing guidance or becomes unresponsive, Atoban may pause or discontinue active management without refund. Listings may remain visible after the 30-day period, but active management, paid advertising, and negotiation services are not guaranteed to continue unless a new period is activated.
7. PRICING GUIDANCE AND RESPONSE WINDOWS
Pricing Recommendations
Atoban will provide pricing recommendations based on real-time market data, comparable listings, and observed buyer engagement. Pricing recommendations are advisory; Seller retains the final decision on listing price at all times.
Response Window
When Atoban sends a pricing recommendation or other listing decision request, Seller agrees to respond within 72 hours. If Seller does not respond within 72 hours, Atoban may:
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Pause active marketing of the listing
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Continue accruing daily fees per Section 3
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Suspend eligibility for the 30-Day Qualified Offer Guarantee
Repeated Pricing Refusal
If Seller declines two or more consecutive pricing recommendations and the listing has not generated meaningful buyer engagement, Atoban may, at its discretion, pause active management or terminate the listing without refund.
Automatic Pricing Review Cadence
Atoban will review your listing's market performance on a recurring basis. The first pricing review typically occurs within 7 days of activation if no qualified buyer engagement has been received. Subsequent reviews occur at intervals determined by market conditions and buyer engagement data.
8. LOAN PAYOFF AND UNDERWATER VEHICLES
Disclosure Requirement
Seller must disclose at the time of listing whether the vehicle is subject to an outstanding loan or lease, and the approximate payoff balance.
Underwater Acknowledgment
If the outstanding loan or lease balance exceeds the realistic private-market sale price of the vehicle (an "underwater" position), Seller acknowledges and agrees that:
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Atoban's services may not result in a sale that fully covers the loan payoff.
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To complete any sale, Seller may need to bring cash to closing to cover the difference between the sale price and the loan payoff, coordinate a closing at the lender's branch, or pursue alternative arrangements with the lender.
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Atoban is not responsible for arranging financing, deficiency loans, or any other lender accommodations.
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Activation fees, daily fees, and any other fees owed under this Agreement remain due regardless of whether the Seller is able to complete a transaction at a price sufficient to cover the loan payoff.
Right to Pause or Cancel
If at any point Seller determines they cannot complete a sale due to the loan payoff gap, Seller may cancel the listing under Section 3. Cancellation does not refund accrued fees.
9. SELLER RESPONSIBILITIES
Seller agrees to:
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Provide accurate, complete, and truthful vehicle information, including known defects, damage, liens, and title issues.
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Disclose salvage, rebuilt, or branded title status.
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Disclose outstanding loan or lease balances per Section 8.
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Maintain a valid payment method on file at all times during the active listing.
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Notify Atoban within 24 hours if the vehicle sells, is taken off the market, or is withdrawn for any reason.
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Not complete a transaction with an Atoban-introduced buyer while bypassing Atoban to avoid the success fee. The success fee remains due regardless of where or how the transaction closes.
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Respond to Atoban communications within 72 hours during the active listing period (see Section 7).
10. VEHICLE ELIGIBILITY
Vehicles must be legally transferable in the Seller's jurisdiction and accurately represented. Atoban reserves the right to accept, decline, pause, or remove any listing at its sole discretion without liability.
11. NO GUARANTEE OF SALE
Atoban does not guarantee that a vehicle will sell, will sell within a specific timeframe, or will sell at a specific price. Market conditions, vehicle condition, pricing decisions, seller responsiveness, and loan payoff position all affect outcomes. Results described in Atoban's marketing materials reflect actual past transactions and are not a promise of future performance.
12. AI-ASSISTED SERVICES
Atoban uses automated and AI-assisted tools to manage buyer inquiries, send communications, and support listing management on your behalf. By using Atoban's services, you authorize Atoban to communicate with buyers and prospects using these tools in your interest.
Your personal contact information is not shared with buyers. Buyer communication is handled by Atoban on your behalf.
13. LIMITATION OF LIABILITY
Atoban is not a party to the vehicle transaction. To the maximum extent permitted by law, Atoban's total liability shall not exceed the total fees paid to Atoban for the applicable listing. In no event shall Atoban be liable for indirect, incidental, consequential, or punitive damages.
14. CHARGEBACKS AND DISPUTES
If Seller initiates a chargeback or payment dispute and Atoban prevails, Seller agrees to reimburse processor chargeback fees plus a 3% administrative recovery fee. Fraudulent misuse may result in immediate listing removal and legal enforcement of fees owed.
15. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the state in which Atoban is registered. Disputes shall first be attempted to be resolved informally in good faith. If unresolved within 30 days, disputes shall be submitted to binding arbitration. You waive the right to a jury trial and participation in any class action proceeding.
16. AMENDMENTS
Atoban may modify this Agreement prospectively. Changes do not apply retroactively to previously activated listings unless agreed in writing. Continued use of Atoban's services after notice of changes constitutes acceptance.
17. CONTACT
Questions about this Agreement may be directed to: team@atoban.com