TERMS OF SERVICE
Effective Date: January 01, 2026
Updated Pricing Effective: June 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, and services.
By accessing the Website, submitting a vehicle, creating an account, activating a listing, providing a payment method, paying any fee, or otherwise using Atoban's services, you agree to be bound by these Terms, Atoban's Service Agreement, and Atoban's Cancellation & Refund Policy.
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 on or after June 01, 2026 are governed by the List & Sell and Atoban 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, or 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, and general legal obligations.
3. NATURE OF THE SERVICE
Atoban provides managed private-party vehicle sale representation for vehicle sellers.
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 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
• Provide legal, tax, or financial advice
• Arrange financing or loan deficiency solutions for sellers
All vehicle transactions occur directly between private buyers and sellers. 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 On or After June 01, 2026
For listings activated on or after June 01, 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, 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, no success fee.
For listings activated on or after June 01, 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. 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
• 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. 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, 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.
8. 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.
9. 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.
10. 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.
11. DISCLAIMERS
Atoban does not provide legal, tax, financial, lender, escrow, DMV, or title advice.
You are solely responsible for:
• Evaluating offers
• Completing the vehicle transaction
• Confirming buyer funds
• 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
Atoban is not responsible for:
• Disputes between buyers and sellers
• Vehicle condition
• Buyer conduct
• Fraud by third parties
• Results on third-party advertising platforms
• Delays caused by lenders, DMV offices, payment providers, or marketplaces
• Outcomes related to underwater loan or lease positions
• Buyer financing failure
• Seller's inability to complete title transfer
• Platform outages or listing removals
12. 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, 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, lender delay, or third-party platform failure.
13. 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.
14. 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, 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.
15. 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.
16. 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.
17. 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.
18. CONTACT
For questions regarding these Terms: