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AUCTOGON

Bidder Terms of Use

Effective Date: April 24, 2026

These Bidder Terms of Use ("Bidder Terms") are a legally binding agreement between you ("you" or "Bidder") and Auctogon Holdings, Inc., a Delaware corporation ("Auctogon," "we," "us," or "our"). They govern your use of the bidder-facing portions of the Auctogon platform, including auction house websites hosted at subdomains of auctogon.com (for example, yourauctionhouse.auctogon.com) and related mobile applications (collectively, the "Bidder Services").

By registering an account, placing a bid, or otherwise using the Bidder Services, you agree to these Bidder Terms. If you do not agree, do not use the Bidder Services.

1. Auctogon Is the Platform, Not the Auctioneer

Auctogon provides the software that powers online auctions. We are not an auction house, auctioneer, bidder, buyer, or seller. We do not own the items listed for auction, we do not take possession of goods, and we do not conduct auctions. The auction is run by the independent auction house operating the site you are using (the "Auction House").

When you bid on an item, you are entering into a transaction with the Auction House, not with Auctogon. The Auction House is responsible for the listings, the conditions of sale, invoicing, payment collection, delivery, titles, and any dispute about the goods or the auction itself.

2. Two Sets of Terms Apply

Your use of the Bidder Services is governed by two layers of terms:

  1. These Bidder Terms, which govern how you use the Auctogon platform technology (account registration, bidding interface, messaging, technical conduct).
  2. The Auction House's Terms and Conditions, which govern the auction itself — buyer's premium, deposit requirements, payment terms, pickup or shipping, warranties, and what happens if you don't pay. Each Auction House sets its own terms, and they may differ from auction to auction.

Before bidding, review both. If there is a conflict, these Bidder Terms govern your relationship with Auctogon as the platform provider; the Auction House's terms govern your relationship with the Auction House and the transaction itself.

3. Eligibility

To register and bid, you must:

  • Be at least 18 years of age and able to form a legally binding contract;
  • Provide accurate, current, and complete registration information;
  • Meet any additional eligibility criteria set by the Auction House (for example, identity verification, deposit, or jurisdiction-based restrictions);
  • Not be located in a country subject to U.S. government sanctions or be listed on any U.S. government list of restricted parties.

4. Bidder Registration and Approval

You must register an account to bid. Each Auction House approves bidders individually. Registration on one auction or Auction House does not automatically authorize you to bid on others. The Auction House may decline, limit, or revoke your registration at its discretion, subject to applicable law.

Keep your account credentials confidential. You are responsible for all activity that occurs under your account, including bids placed.

5. Bids Are Binding

Every bid you place is a legally binding offer to purchase the item at the bid amount. If you are the winning bidder, you are obligated to complete the purchase under the terms set by the Auction House, including payment of the hammer price, buyer's premium, applicable taxes, and any fees.

  • Bids cannot be retracted after they are placed, except as permitted by the Auction House or by applicable law.
  • Proxy bids, absentee bids, and any other mechanism offered by the platform are treated as binding bids once submitted.
  • Time-based extensions, anti-sniping rules, and bid-increment rules are configured by the Auction House. Review the auction's specific rules before bidding.

6. Prohibited Conduct

You agree not to:

  • Engage in shill bidding, bid manipulation, collusion with sellers or other bidders, or any conduct intended to artificially inflate or suppress prices;
  • Create or operate multiple accounts to circumvent bidder-approval decisions, bidding limits, or deposit requirements;
  • Use sniper bots, scraping tools, or any automated bidding tool not expressly authorized by the Auction House and Auctogon (see Section 7);
  • Interfere with or disrupt the Bidder Services, attempt to gain unauthorized access to other users' accounts, or circumvent security or access controls;
  • Impersonate another person, misrepresent your identity, or provide false registration information;
  • Use the Bidder Services for unlawful purposes, including money laundering, fraud, or transactions in violation of sanctions or export-control laws;
  • Scrape, harvest, or otherwise extract auction listings, images, bidder information, or other content from the Bidder Services;
  • Use the Bidder Services, or any data obtained through the Bidder Services, to train or improve any AI or machine-learning model.

Violation of this Section may result in bid invalidation, account suspension, permanent ban, and referral to law enforcement.

7. Automated Bidding and AI Agents

Automated bidding tools (sniper bots, AI bidding agents, auto-buy scripts) are not permitted unless the Auction House and Auctogon have expressly authorized them, and the agent:

  • Authenticates as an identified Bidder;
  • Identifies itself as an automated agent;
  • Respects rate limits and bidding rules;
  • Operates within the scope of authority granted by the Bidder.

You are fully responsible for every bid placed by any automated tool or AI agent operating under your account, as if you had placed the bid yourself. This includes payment and performance obligations.

Auctogon and the Auction House may, at any time and without notice, block, throttle, or cancel bids from automated tools that appear to violate these Bidder Terms or the auction's rules.

8. Payment, Pickup, and Disputes About the Goods

Payment, invoicing, titles, pickup, delivery, warranties, condition of goods, and any dispute about the auction transaction itself are between you and the Auction House. Auctogon is not a party to those transactions and does not hold funds, escrow payments, or take possession of items.

If you have a dispute about an invoice, a delivered item, or an auction outcome, please contact the Auction House first. Auctogon can only address issues with the platform technology itself (for example, a bug that caused a bid not to register).

9. Intellectual Property

All intellectual property rights in the Bidder Services are owned by Auctogon or its licensors. Auction-specific content (listings, photos, descriptions) belongs to the Auction House or its sellers.

Subject to these Bidder Terms, Auctogon grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Bidder Services for the sole purpose of registering, browsing, and bidding on auctions.

10. Privacy

Your use of the Bidder Services is subject to the Bidder Privacy Policy. The Auction House may also apply its own privacy practices to information you share in connection with an auction; review the Auction House's privacy policy where provided.

10.1 SMS Messaging

If you provide your mobile phone number and opt in to SMS notifications, you consent to receive automated text messages from Auctogon and the Auction House with which you have registered, related to your account, auction activity, bidding, invoices, payments, and settlements.

Message frequency varies based on your activity and the auctions you participate in. Message and data rates may apply. Consent to receive SMS messages is not a condition of using the Bidder Services or participating in any auction.

  • Opt-out. Reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT) to any message to unsubscribe. You will receive a one-time confirmation, after which no further SMS messages will be sent unless you opt back in by replying START or by re-enabling SMS in your account settings.
  • Help. Reply HELP to any message for support information, or contact support@auctogon.com.
  • Carriers. SMS messages are supported on most major U.S. and Canadian carriers. Carriers are not liable for delayed or undelivered messages.
  • Eligibility. SMS messaging is available only to U.S. and Canadian mobile numbers and only to users who are 18 years of age or older.

Auctogon and the relevant Auction House reserve the right to suspend or terminate SMS messaging service at their discretion.

11. Disclaimers

THE BIDDER SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. AUCTOGON DOES NOT WARRANT THAT THE BIDDER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

AUCTOGON MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ITEMS LISTED FOR AUCTION, THE ACCURACY OF LISTINGS, OR THE CONDUCT OF ANY AUCTION HOUSE. AUCTION OUTCOMES AND ITEM QUALITY ARE THE SOLE RESPONSIBILITY OF THE AUCTION HOUSE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AUCTOGON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE BIDDER SERVICES OR ANY AUCTION.

AUCTOGON'S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE BIDDER TERMS OR THE BIDDER SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

13. Indemnification

You agree to indemnify and hold harmless Auctogon and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Bidder Services, your bids, your violation of these Bidder Terms, your violation of any law, or any dispute between you and the Auction House or any other Bidder.

14. Termination

Auctogon or the Auction House may suspend or terminate your access to the Bidder Services at any time, with or without notice, for any reason including violation of these Bidder Terms, fraudulent conduct, or non-payment. Sections that by their nature should survive termination (including Sections 5, 8, 9, 11, 12, 13, and 15) will survive.

15. Governing Law and Dispute Resolution

These Bidder Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute between you and Auctogon arising out of or relating to these Bidder Terms or the Bidder Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Oakland, California, or remotely as agreed by the parties, or by documents-only arbitration where permitted.

Notwithstanding the above, either party may bring a claim in small-claims court for disputes within the jurisdiction of the small-claims court.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND AUCTOGON EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND AUCTOGON EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

16. Changes to These Bidder Terms

We may update these Bidder Terms from time to time. Material changes will be posted on the Bidder Services and, where practicable, communicated by email. Your continued use of the Bidder Services after the effective date of any changes constitutes your acceptance of the updated Bidder Terms.

17. Contact

For questions about these Bidder Terms or the Bidder Services platform, contact:

Auctogon Holdings, Inc.
1440 Broadway, Ste 200 #135
Oakland, CA 94612
Email: support@auctogon.com

For questions about an auction, an item, an invoice, or a payment, contact the Auction House directly.