TERMS OF SERVICE
​Effective Date: January 01, 2026
Updated Pricing Effective: July 01, 2026
Welcome to Atoban.com (the "Website"). These Terms of Service ("Terms") govern your access to and use of Atoban's website, platform, communications, listings, marketplace, and services.
By accessing the Website, submitting a vehicle, creating an account, activating a listing, providing a payment method, paying any fee, communicating with Atoban, approving a listing, accepting a buyer introduction, or otherwise using Atoban's services, you agree to be bound by these Terms, Atoban's Service Agreement, Atoban's Cancellation & Refund Policy, and any applicable plan terms.
If you do not agree, do not use the Website or services.
1. APPLICABILITY
These Terms apply to all users, accounts, and vehicle listings activated on or after January 01, 2026.
Listings activated from January 01, 2026 through May 31, 2026 remain governed by the Starter, Pro, and Max pricing structure in effect at the time of activation, unless otherwise agreed in writing.
Listings activated from June 01, 2026 through June 30, 2026 remain governed by the List & Sell and Atoban Plus pricing structure in effect at the time of activation, unless otherwise agreed in writing.
Listings activated on or after July 01, 2026 are governed by the List Your Car, Agent, and Agent Plus pricing structure, unless otherwise agreed in writing.
Listings activated before January 01, 2026 remain governed by the terms in effect at the time of activation unless otherwise agreed in writing by Atoban.
Nothing in these Terms retroactively modifies prior pricing, billing, cancellation, refund, daily fee, success fee, or other fee obligations unless expressly agreed in writing.
2. RELATIONSHIP TO SERVICE AGREEMENT
Managed vehicle listings are governed by Atoban's Service Agreement in effect at the time of listing activation.
In the event of any conflict between these Terms and the Service Agreement, the Service Agreement controls with respect to listing-related matters.
These Terms govern general platform use, website access, account use, communications, payment authorization, misuse, third-party services, user conduct, and general legal obligations.
3. NATURE OF THE SERVICE
Atoban provides managed private-party vehicle sale support and marketplace listing services for vehicle sellers.
Depending on the selected plan, Atoban may help with:
• Pricing research and recommendations
• Listing preparation
• Marketplace listing support
• Advertising and promotional activity
• Buyer communication
• Buyer screening
• Scam protection
• Negotiation
• Closing guidance
• Payment, title, and payoff guidance
Atoban is not:
• A licensed motor vehicle dealer
• A licensed vehicle broker
• An auctioneer
• A lender
• An escrow provider
• A buyer of vehicles
• A wholesale buyer
• A dealership
• A payment processor
• A title company
• A DMV service provider
• A law firm
• A tax advisor
• A financial advisor
Atoban does not:
• Purchase vehicles
• Own vehicles
• Take possession of vehicles
• Physically inspect vehicles
• Guarantee a sale
• Guarantee a sale price
• Guarantee a sale timeframe
• Guarantee buyer performance
• Guarantee dealership performance
• Provide legal, tax, financial, title, escrow, lender, or DMV advice
• Arrange financing or loan deficiency solutions for sellers
All vehicle transactions occur directly between Sellers and Buyers. Atoban facilitates parts of the process but is not a party to the vehicle sale transaction.
Atoban may use AI-assisted tools to manage communications, buyer inquiries, pricing workflows, listing activity, seller follow-up, and operational support.
4. ELIGIBILITY AND ACCOUNTS
You must be at least 18 years old and legally capable of entering into binding contracts to use Atoban's services.
If you create an account or submit vehicle information, you agree to:
• Provide accurate, current, and complete information
• Maintain a valid payment method where required
• Keep login credentials confidential
• Accept responsibility for all activity under your account
• Notify Atoban if your information changes
You are responsible for all activity that occurs under your account or through information submitted by you.
5. VEHICLE STANDARDS AND PLATFORM INTEGRITY
All vehicles listed through Atoban must be:
• Legally transferable in the Seller's jurisdiction
• Accurately and honestly described
• Available for sale
• Properly disclosed regarding title status
• Properly disclosed regarding known defects, damage, liens, loans, leases, payoff balances, and transfer restrictions
You agree not to misrepresent:
• Vehicle condition
• Mileage
• Accident history
• Title status
• Loan or lease status
• Payoff amount
• Mechanical condition
• Ownership status
• Availability for sale
Atoban reserves the right to accept, decline, pause, modify, or remove any listing at its sole discretion without liability to the Seller.
6. FEES, PAYMENTS, AND BILLING AUTHORIZATION
All fees, including activation fees, daily listing fees where applicable, success fees, optional upgrades, advertising upgrades, late fees, dispute fees, recovery costs, and any other applicable charges, are governed by the applicable Service Agreement and Cancellation & Refund Policy in effect at the time of listing activation.
A. Listings Activated January 01, 2026 through May 31, 2026
Listings activated from January 01, 2026 through May 31, 2026 may be subject to the Starter, Pro, and Max pricing structure, including:
• Activation fees
• $1 daily listing fees while active
• Success fees
• Minimum and maximum success fees
• 30-day billing cycles
• Retroactive billing for failed payment attempts
• Cancellation rules applicable to the prior pricing structure
For these listings, daily listing fees continue to accrue while the listing remains active and remain owed even if payment attempts fail.
B. Listings Activated June 01, 2026 through June 30, 2026
For listings activated from June 01, 2026 through June 30, 2026, Atoban offers the following primary plans unless otherwise agreed in writing:
LIST & SELL
Activation Fee:
$29
Success Fee:
2.9% of final sale price
Minimum Success Fee:
$499
Maximum Success Fee:
$1,499
No sale through Atoban, no success fee.
ATOBAN PLUS
Activation Fee:
$69
Success Fee:
1.9% of final sale price
Minimum Success Fee:
$399
Maximum Success Fee:
$999
No sale through Atoban, no success fee.
For listings activated from June 01, 2026 through June 30, 2026, Atoban does not charge a $1 daily listing fee under the List & Sell or Atoban Plus plans unless a separate written agreement, add-on service, upgrade, or custom plan states otherwise.
C. Listings Activated On or After July 01, 2026
For listings activated on or after July 01, 2026, Atoban offers the following primary plans unless otherwise agreed in writing:
LIST YOUR CAR
Activation Fee:
$9
This plan is for Sellers who want to sell the vehicle themselves using an Atoban marketplace listing.
Services may include:
• Suggested starting price based on available comparable listings
• Professional listing copy
• Public Atoban marketplace listing
Success Fee:
No success fee applies to the List Your Car plan unless Seller upgrades to a managed plan, agrees to a separate success-fee arrangement in writing, or Atoban introduces, negotiates with, or manages a buyer under an upgraded or custom service.
AGENT
Activation Fee:
$29
This plan is for Sellers who want managed help and do not want to deal with strangers, lowball offers, buyer messages, and negotiation.
Services may include:
• Pricing based on available market comparable listings
• Buyer communication handled by Atoban
• Negotiation handled by Atoban
• Buyer screening and scam protection
• Sale-process guidance
Success Fee:
3% of final sale price
Minimum Success Fee:
$499
Maximum Success Fee:
$1,499
No sale through Atoban, no success fee.
AGENT PLUS
Activation Fee:
$69
This plan is for Sellers who want managed help with a lower success fee and lower maximum success fee.
Services may include everything in Agent, plus:
• 2% success fee
• Lower minimum success fee
• Lower maximum success fee
• Additional seller support where commercially reasonable
Success Fee:
2% of final sale price
Minimum Success Fee:
$399
Maximum Success Fee:
$999
No sale through Atoban, no success fee.
For listings activated on or after July 01, 2026, Atoban does not charge a $1 daily listing fee under List Your Car, Agent, or Agent Plus unless a separate written agreement, add-on service, upgrade, or custom plan states otherwise.
D. Payment Authorization
By using Atoban's services, you authorize Atoban to:
• Securely store payment credentials where applicable
• Charge the activation fee at the time of listing activation
• Charge daily listing fees where applicable
• Charge the success fee upon confirmation of a completed vehicle sale where applicable
• Charge optional upgrades, advertising upgrades, or add-on services selected by Seller
• Charge valid unpaid balances owed under the applicable Service Agreement or Cancellation & Refund Policy
• Retroactively charge valid unpaid fees that could not be collected due to a failed, declined, expired, invalid, blocked, or unavailable payment method
• Charge late fees, dispute recovery costs, processor fees, collection costs, legal costs where permitted by law, and other valid amounts owed
Except where required by law, fees are non-refundable once services have commenced.
You are responsible for maintaining a valid payment method while any balance remains unpaid or while any success fee may become due.
Failed payments do not relieve you of fees already earned, accrued, or owed.
7. OPTIONAL UPGRADES AND PAID ADVERTISING
Atoban may offer optional upgrades, paid advertising, targeted social media promotion, vehicle history reports, additional distribution, listing refreshes, or other add-on services.
Paid advertising and add-on fees are separate from activation fees and success fees unless expressly stated in writing.
Paid advertising may increase exposure but does not guarantee clicks, inquiries, offers, or sales.
Add-on fees are non-refundable once work begins, a campaign is created, a campaign is submitted, a campaign starts, or a third-party cost is incurred.
8. LISTING MANAGEMENT AND PRICING GUIDANCE
Atoban may manage listings, recommend pricing adjustments, modify marketing strategy, communicate with buyers, and adjust listing activity based on market data and buyer engagement.
You agree to respond to Atoban pricing recommendations and listing decision requests within 72 hours during the active listing period.
If a Seller declines pricing guidance, becomes unresponsive, provides inaccurate information, rejects reasonable recommendations, prices the vehicle materially above or below Atoban's recommended market strategy, or fails to cooperate, Atoban may:
• Pause active management
• Reduce marketing activity
• Remove the listing
• Suspend eligibility for plan-based guarantees where applicable
• Terminate the listing
• Refuse future service
Atoban does not guarantee sale outcomes.
9. DEALER-OFFER COMPARISON GUARANTEE, WHERE EXPRESSLY OFFERED IN WRITING
Atoban may, in limited cases, advertise or offer a dealer-offer comparison guarantee, such as a statement that Atoban will not charge a success fee if Atoban does not help the Seller obtain at least $2,000 more than a qualifying dealer-buying offer or instant-buy offer.
This guarantee applies only if expressly offered in writing for the Seller's specific listing or plan.
Unless the written offer states otherwise, this guarantee is limited to waiver of the success fee only. It does not refund or waive activation fees, daily listing fees where applicable, paid advertising charges, optional upgrades, add-ons, third-party costs, processor fees, dispute fees, late fees, collection costs, or other amounts owed.
Eligibility requires Seller to provide a valid, current, written comparison offer and to follow Atoban's pricing strategy and reasonable recommendations.
The guarantee is forfeited if Seller chooses a lower fast-sale price, prices the vehicle below Atoban's recommended market strategy, refuses reasonable pricing guidance, becomes unresponsive, misrepresents the vehicle, changes material terms, rejects qualified buyer opportunities, or otherwise prevents Atoban from marketing the vehicle according to the strategy on which the guarantee was based.
10. COMMUNICATIONS AND CONSENT
By providing your contact information, you consent to receive:
• Transactional emails related to your listing
• Listing activity updates
• Buyer notifications
• Service-related SMS messages
• Service-related calls
• Payment and billing notices
• Cancellation and account notices
• Dispute and collection notices where applicable
Atoban or its authorized agents, including AI-assisted tools operating on Atoban's behalf, may contact you using the contact information you provide.
Marketing communications are separate and optional. You may opt out of marketing communications at any time by contacting team@atoban.com or replying STOP to a marketing SMS where applicable.
Standard message and data rates may apply for SMS communications.
11. PROHIBITED CONDUCT
You agree not to:
• Misrepresent your vehicle's condition, history, title status, mileage, loan position, payoff balance, or availability
• Circumvent Atoban to complete a transaction with an Atoban-introduced buyer while avoiding the success fee
• Use the platform for unlawful purposes
• Interfere with or disrupt platform operations
• Provide false contact information
• Impersonate another person
• Submit fraudulent payment information
• Abuse chargeback or payment dispute systems
• Make knowingly false claims regarding services received
• Harass, threaten, or abuse Atoban staff, contractors, buyers, or service providers
Violation of these prohibitions may result in listing removal, account termination, refusal of future service, collection activity, and enforcement of fees owed.
12. PRIVACY AND DATA
Atoban collects and uses personal information, vehicle information, communication records, listing data, pricing data, buyer inquiry data, payment records, and transaction-related information to provide services.
Atoban uses this information to:
• Manage listings
• Communicate with Sellers and buyers
• Provide pricing recommendations
• Screen buyers
• Prevent scams
• Process payments
• Document service activity
• Respond to disputes
• Improve platform operations
Your personal contact information is not shared with buyers or third parties for marketing purposes without your consent.
Atoban's AI-assisted tools may process your information and vehicle data to manage buyer communications, pricing recommendations, listing activity, and operational workflows.
13. BUYERS, DEALERS, WHOLESALERS, BUSINESSES, AND THIRD-PARTY PURCHASERS
Atoban may introduce Sellers to individual buyers, private buyers, dealerships, wholesale buyers, buying centers, businesses, brokers, commercial purchasers, or other third parties that express interest in purchasing a vehicle.
You acknowledge and agree that:
• Atoban is not affiliated with any buyer unless expressly stated in writing
• Atoban is not affiliated with any dealership, buying center, wholesaler, broker, business, commercial purchaser, or third-party buyer unless expressly stated in writing
• Atoban does not own, operate, control, supervise, endorse, guarantee, or insure any buyer, dealer, wholesaler, business, commercial purchaser, lender, or third-party purchaser
• Atoban does not perform legal, financial, licensing, solvency, payment, fraud, or compliance due diligence on every buyer, dealer, wholesaler, or business
• Atoban is not responsible for any buyer's, dealer's, wholesaler's, business's, or commercial purchaser's actions, omissions, promises, payment, payoff, paperwork, title handling, check, funding, financing, inspection, price changes, delay, default, or failure to complete the transaction
• Seller is solely responsible for deciding whether to meet, trust, negotiate with, accept payment from, release the vehicle to, sign documents with, or complete a sale with any buyer, dealer, wholesaler, business, or third-party purchaser
If Seller does not feel comfortable with any buyer, dealership, wholesaler, business, payment method, document, appointment, or transaction process, Seller should not proceed.
14. DISCLAIMERS
Atoban does not provide legal, tax, financial, lender, escrow, DMV, title, or payment advice.
You are solely responsible for:
• Evaluating offers
• Completing the vehicle transaction
• Confirming buyer funds
• Confirming dealer, wholesaler, or business buyer payment terms
• Handling title transfer
• Handling loan payoff
• Complying with state and local vehicle sale laws
• Handling taxes, registration, smog, emissions, and disclosure obligations
• Confirming that your vehicle is legally transferable
• Independently verifying payment before releasing the vehicle, title, keys, or documents
Atoban is not responsible for:
• Disputes between buyers and sellers
• Disputes between sellers and dealerships, wholesalers, buying centers, brokers, or business buyers
• Vehicle condition
• Buyer conduct
• Dealer conduct
• Fraud by third parties
• Results on third-party advertising platforms
• Delays caused by lenders, DMV offices, payment providers, marketplaces, dealerships, wholesalers, businesses, banks, or title processors
• Outcomes related to underwater loan or lease positions
• Buyer financing failure
• Seller's inability to complete title transfer
• Platform outages or listing removals
• Bad checks, forged checks, stopped checks, delayed wires, failed ACH transfers, reversed payments, payoff delays, lien release delays, title delays, or failed transactions
• Fees, delays, errors, approvals, denials, fund release timing, title processing, payoff handling, or service outcomes from third-party closing, escrow, payment, title, inspection, shipping, lender, DMV, or transaction-support providers
15. THIRD-PARTY CLOSING, PAYMENT, ESCROW, AND TRANSACTION SERVICES
Atoban may recommend, coordinate, or assist with the use of third-party services for transaction support, including but not limited to payment processing, escrow-style services, identity verification, lender payoff handling, title transfer support, vehicle history reports, inspection services, shipping services, DMV support, or closing support platforms.
Examples may include services such as KeySavvy or similar third-party providers.
Atoban recommends that private-party transactions use a reputable transaction, escrow-style, payment, title, or lender-payoff service when available.
Buyer and Seller acknowledge that any third-party service fees, escrow fees, payment processing fees, title handling fees, verification fees, vehicle history report fees, inspection fees, shipping fees, lender payoff fees, DMV fees, platform fees, or other transaction-related third-party costs are separate from Atoban's fees unless expressly stated in writing.
Atoban's activation fee, daily listing fee where applicable, and success fee do not include third-party closing, escrow, payment processing, title, inspection, shipping, lender, DMV, or platform fees.
Unless otherwise agreed in writing, Buyer and Seller are responsible for deciding between themselves who will pay any third-party transaction fees.
Use of any third-party service is subject to that provider's own terms, conditions, fees, timelines, requirements, and limitations.
Atoban does not control third-party providers and is not responsible for their pricing, delays, errors, approvals, denials, policies, fund release timing, title processing, payoff handling, verification decisions, account restrictions, or service outcomes.
16. PAYMENT METHODS AND SELLER RISK
If Seller chooses not to use a third-party escrow-style, payment, title, or transaction service, or if the buyer, dealer, wholesaler, or business requires a different process, Seller assumes all risks associated with that decision.
Seller is solely responsible for evaluating and accepting or rejecting any payment method, including but not limited to:
• Cash
• Cashier's check
• Certified check
• Personal check
• Business check
• Dealership check
• Wholesale buyer check
• Wire transfer
• ACH transfer
• Zelle or other peer-to-peer payment
• Direct lender payoff
• Dealer payoff
• Third-party payoff
• Deposit
• Trade-in arrangement
• Any other payment or funding method
Seller should independently verify any payment directly with Seller's bank or lender before releasing the vehicle, title, keys, signed documents, or possession.
Atoban is not responsible for losses arising from Seller's chosen payment method or Seller's decision to release the vehicle, title, keys, or documents before payment, payoff, lien release, or title-transfer terms are completed to Seller's satisfaction.
17. THIRD-PARTY PLATFORMS
Atoban may use third-party platforms, marketplaces, advertising networks, data providers, communication tools, payment processors, and software vendors to provide services.
Atoban does not control third-party platforms and is not responsible for:
• Platform outages
• Listing removals
• Platform policy changes
• Rejected ads
• Account restrictions
• Buyer behavior
• Marketplace fraud
• Incorrect third-party data
• Delays caused by third-party systems
• Payment processor decisions
• Bank or card network decisions
Atoban may modify listing strategy based on platform availability, platform rules, buyer activity, pricing response, or operational constraints.
18. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Atoban's total liability for any claim arising from your use of the Website, platform, listing, buyer introduction, dealer introduction, transaction, payment method, payoff process, title transfer, or services shall not exceed the total fees paid to Atoban for the applicable listing.
In no event shall Atoban be liable for indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including lost profits, lost sale opportunity, vehicle depreciation, failed transaction, buyer default, dealer default, wholesaler default, business purchaser default, lender delay, title delay, payoff delay, bad check, stopped check, forged check, delayed payment, third-party platform failure, or losses arising from Seller's selected payment or closing method.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Atoban, its owners, employees, contractors, agents, affiliates, vendors, and service providers from and against any claims, demands, losses, damages, liabilities, costs, fees, expenses, chargebacks, disputes, penalties, or legal claims arising out of or related to:
• Your vehicle
• Your use of Atoban's services
• Your misrepresentation or omission
• Title defects
• Loan, lease, lien, or payoff issues
• Your violation of law
• Your failure to complete a transaction properly
• Your dispute with a buyer, dealer, wholesaler, business, commercial purchaser, lender, marketplace, or third-party service provider
• Your chosen payment method
• Bad checks, forged checks, stopped checks, delayed wires, failed ACH payments, reversed payments, payoff delays, lien release delays, or title transfer problems
• Your attempt to bypass Atoban
• Your breach of these Terms or the Service Agreement
• Your chargeback or payment dispute involving valid charges
20. CHARGEBACKS, PAYMENT DISPUTES, AND MISUSE
If you initiate a chargeback, payment dispute, bank reversal, payment reversal, unauthorized-transaction claim, or similar claim regarding a valid charge under these Terms, the Service Agreement, or the Cancellation & Refund Policy, you remain responsible for all amounts properly owed.
Initiating a chargeback or payment dispute does not cancel, reduce, refund, or waive your obligation to pay for services rendered, fees earned, fees accrued, or valid charges processed.
If Atoban successfully disputes, reverses, defeats, resolves, or otherwise prevails regarding the charge, you agree to reimburse:
• The original amount owed
• All processor, payment network, bank, arbitration, collection, legal, and chargeback fees incurred by Atoban
• Any dispute received fee charged to Atoban
• Any dispute countering, evidence submission, or manual response fee charged to Atoban
• An administrative dispute recovery fee equal to the greater of $45 or 15% of the disputed amount
The administrative dispute recovery fee compensates Atoban for investigation, documentation, evidence preparation, account review, transaction review, listing history review, billing record review, customer communication, processor response preparation, and recovery efforts.
Atoban may recover all reasonable costs incurred in investigating, documenting, responding to, collecting, and enforcing payment of valid disputed charges to the fullest extent permitted by applicable law.
If Atoban refers the matter to a collection agency, attorney, arbitration provider, court, or other third party, you agree to reimburse reasonable collection costs, attorney fees, filing fees, arbitration fees, service costs, and enforcement costs where permitted by law.
Fraudulent, knowingly false, or bad-faith payment disputes may result in listing removal, account termination, refusal of future service, collection activity, and additional legal remedies available under applicable law.
21. ARBITRATION AND GOVERNING LAW
These Terms are governed by the laws of the state in which Atoban is registered, without regard to conflict-of-law principles.
Before initiating arbitration, both parties agree to attempt to resolve the dispute informally and in good faith for a period of not less than 30 days.
If unresolved, any dispute arising out of or relating to these Terms, your use of Atoban's Website, services, fees, billing, cancellation, refund, payment dispute, chargeback, buyer introduction, dealer introduction, third-party transaction services, payment method, payoff issue, or platform access shall be resolved through binding arbitration to the fullest extent permitted by law.
You waive the right to a jury trial and the right to participate in any class action, class arbitration, collective action, or representative proceeding.
This arbitration provision does not prevent Atoban from pursuing collection of unpaid amounts, chargeback recovery, fraud claims, injunctive relief, or other remedies where permitted by law.
22. TERMINATION
Atoban may suspend or terminate your access to the Website, account, listing, or services at any time if:
• You violate these Terms
• You violate the Service Agreement
• You fail to pay amounts owed
• You provide inaccurate or misleading information
• You misuse the platform
• You attempt to bypass Atoban
• You initiate fraudulent or bad-faith payment disputes
• Continued service creates operational, payment, legal, reputational, or fraud risk
Termination does not eliminate any fees owed to Atoban.
No refund is owed for termination caused by your breach, misrepresentation, noncooperation, payment failure, or misuse.
23. MODIFICATIONS
Atoban may update these Terms from time to time.
Updates apply prospectively and do not alter obligations for listings already activated unless you relist, reactivate, upgrade, continue using services after notice, or otherwise agree to updated terms.
Continued use of the Website or services after notice of changes constitutes acceptance of the revised Terms.
24. ENTIRE AGREEMENT AND CONFLICTS
These Terms, together with Atoban's Service Agreement, Cancellation & Refund Policy, Privacy Policy, and any applicable plan terms, form the agreement between you and Atoban regarding use of the Website, platform, and services.
If there is a conflict between these Terms and the Service Agreement, the Service Agreement controls for listing-related matters.
If there is a conflict between these Terms and the Cancellation & Refund Policy, the Cancellation & Refund Policy controls for cancellation, refund, payment failure, dispute, and fee recovery matters unless the Service Agreement or these Terms provide greater protection to Atoban.
25. CONTACT
For questions regarding these Terms: