The Auction App

Terms of service

Version 6 • Last Updated: September 3, 2026 • Effective: September 3, 2026

IMPORTANT — PLEASE READ CAREFULLY. These Terms contain a binding individual arbitration agreement and a class action waiver (Section 22). Unless you opt out within 30 days as described in Section 22.7, you and The Auction App, LLC agree to resolve disputes through individual arbitration instead of in court, and you waive the right to participate in a class action. Section 22 also explains the rights you keep, including the right to bring claims in small claims court and, for California residents, the right to seek public injunctive relief.
BIDS ARE BINDING. Every bid you place through the Platform is a legally binding offer to purchase the lot at that price, plus any buyer's premium, sales tax, and shipping shown to you. Bids cannot be withdrawn once placed. If you are the winning bidder, the payment method on your account will be charged when the auction closes or when the Host Organization completes checkout. See Sections 8 and 9.

1. Who We Are and What These Terms Cover

These Terms of Service (the "Terms") are a legal agreement between you and The Auction App, LLC, a Colorado limited liability company ("TAA," "we," "us," or "our"). They govern your access to and use of the websites located at theauctionapp.com and theauctionapp.net, our mobile applications, our bidder, host, consigner, sponsor, volunteer, and staff consoles, our big-screen display tools, our application programming interfaces, and any related software, content, and services we provide (together, the "Platform" or the "Services").

By creating an account, clicking "I Agree," placing a bid, registering for an event, making a donation, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are using the Platform on behalf of a nonprofit organization, school, church, business, or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.

If you do not agree to these Terms, do not use the Platform.

Additional terms apply to specific roles and features. Those terms are part of these Terms and include: the Host Organization Agreement (for nonprofits and other organizers that run events on the Platform), the Consignment Terms (Section 11), the Sponsor Terms (Section 13), our Privacy Policy, our SMS Messaging Terms (Section 14), and any event-specific rules that a Host Organization publishes for its event. If these Terms conflict with a separate written agreement signed by TAA, the signed agreement controls.

2. Definitions

Capitalized words have the meanings below. These definitions matter because TAA uses precise auction terminology.

Auction. A sale conducted through the Platform in which the price of a Lot is established by competitive bidding. Auctions may be silent (online, timed), live (called by an auctioneer with bids entered by a clerk), hybrid, or "Buy It Now" only.

Auctioneer. The licensed or unlicensed individual (as applicable law requires) engaged by a Host Organization to call a live Auction. Unless a separate written agreement says otherwise, TAA is not the Auctioneer.

Bidder. Any person who registers to bid at an Event, whether in person, online, or by proxy.

Buyer's Premium. A percentage or fixed amount added to the hammer price of a Lot. A Buyer's Premium may include an Auctioneer or Host Organization fee and a TAA platform fee. Any Buyer's Premium is disclosed to Bidders on every bid display and in the Event terms before bidding opens.

Buy It Now Price. A fixed price at which a Bidder may purchase a Lot immediately, ending the Auction for that Lot.

Consigner. A person or business that places an Item with a Host Organization for sale at an Event under a payout arrangement other than a 100% donation.

Donor. A person who makes a monetary gift through the Platform, including paddle-raise, fund-a-need, ticket add-on, or round-up gifts.

Event. A fundraising event, campaign, gala, or Auction organized by a Host Organization on the Platform.

Hammer Price. The winning bid amount for a Lot, before any Buyer's Premium, sales tax, shipping, or other charges.

Host Organization. The nonprofit organization, school, faith community, foundation, association, or other entity that creates and runs an Event on the Platform. The Host Organization (not TAA) is the seller of record for Lots, the recipient of Donations, and the party responsible for the Event.

Item. A physical object, service, experience, or gift certificate before it has been catalogued for an Event, or after it has been sold and is being fulfilled. Once catalogued and numbered, an Item is referred to as a Lot.

Lot. A numbered entry in an Event catalog offered for sale by Auction or at a Buy It Now Price. A Lot may consist of one Item or several Items packaged together.

Minimum Bid. The lowest opening bid a Host Organization or Consigner will accept for a Lot.

Proxy Bid (Max Bid). An instruction from a Bidder authorizing the Platform to bid automatically on the Bidder's behalf, in the Event's bid increments, up to a maximum amount the Bidder sets.

Reserve. A confidential minimum price below which a Lot will not be sold unless the Host Organization and, where applicable, the Consigner approve the sale.

Sponsor. A business or individual that provides financial or in-kind support for an Event in exchange for recognition.

User. Any person or entity that accesses the Platform in any role, including Bidders, Donors, Host Organization staff, Auctioneers, clerks, cashiers, volunteers, Consigners, and Sponsors.

3. Eligibility

To create an account or place a bid you must:

The Platform is designed for use in the United States. Host Organizations may permit non-U.S. Bidders for specific Events. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

Persons under 18 may attend Events and may be listed as volunteers under the supervision of a Host Organization, but may not create their own account, bid, or donate. If we learn that a person under 18 has created an account, we will close it. If you believe a minor has registered, contact us at info@theauctionapp.com.

4. Your Account

4.1. Accurate information; one account per person

You must provide true, accurate, current, and complete information when you register and keep it updated. You must register under your legal name. Each individual may hold only one Bidder account. A Host Organization may create staff and volunteer accounts for the people who work its Events.

4.2. Security

You are responsible for everything that happens under your account, including all bids and purchases, whether or not you authorized them, until you notify us that your account has been compromised. Keep your password and any one-time codes confidential, enable multi-factor authentication where offered, and notify us immediately at info@theauctionapp.com if you suspect unauthorized access. Do not use another person's account or allow anyone else to use yours.

4.3. Paddle numbers and bidder credentials

At an Event you may be assigned a paddle number, QR code, or similar credential. Bids placed using your credential are attributed to you. Guard your credential and report loss or misuse to the Host Organization's clerk or cashier immediately.

4.4. Account verification

We and our payment processor may verify your identity, payment method, and address at any time, including by placing a temporary authorization hold on your card. We may refuse, suspend, or limit accounts that fail verification or that we reasonably believe pose a fraud, chargeback, or safety risk.

5. TAA's Role

5.1. We provide the Platform; the Host Organization runs the Event

TAA provides technology that lets Host Organizations run fundraising Events and lets Bidders, Donors, Consigners, and Sponsors participate in them. Unless we have signed a separate agreement to do so, TAA is not the seller, the auctioneer, the consignee, the charity, or the fundraising counsel for any Event. The contract of sale for a Lot is between the winning Bidder and the Host Organization (and, for consigned Lots, the Consigner). Donations are gifts to the Host Organization.

5.2. We do not verify Lots or Host Organization statements

Lot descriptions, images, valuations, fair market value estimates, tax-deductibility statements, and Event rules are provided by Host Organizations, Consigners, and Sponsors. TAA does not inspect Lots and does not confirm the accuracy of any description or valuation, except where we state otherwise in writing.

5.3. Charitable fundraising platform disclosures

Because the Platform is used to solicit and process charitable contributions, TAA may be treated as a "charitable fundraising platform" under California's Supervision of Trustees and Fundraisers for Charitable Purposes Act (Cal. Gov. Code § 12599.9) and similar laws in other states. TAA complies with applicable charitable fundraising platform registration and reporting requirements, including registration with the California Attorney General's Registry of Charities and Fundraisers when the Platform is used to solicit persons in California. The following disclosures apply to every Donation and to the charitable portion of every purchase made through the Platform:

5.4. Good-standing checks

Before we solicit or distribute charitable funds on behalf of a Host Organization we may verify that it is a recognized tax-exempt organization in good standing with applicable federal and state regulators. We may decline to onboard, or may suspend, any Host Organization that fails these checks.

6. Host Organizations

This Section applies to Host Organizations and to the staff, board members, volunteers, and contractors who act for them on the Platform.

6.1. Your responsibilities

As the seller of record and the party running the Event, you are solely responsible for:

6.2. Prohibited Lots

You may not list any Lot that is illegal to sell in the place where the Event is held or where the winning Bidder is located, including firearms and ammunition unless transferred through a licensed dealer in full compliance with federal and state law, controlled substances, tobacco or vaping products sold to anyone under 21, ivory or protected wildlife products, counterfeit goods, recalled products, stolen property, human remains, or any Lot that infringes another person's rights. TAA may remove any Lot at any time.

6.3. Your attendees' data

You and TAA are each independent "businesses" or "controllers" of attendee data under applicable privacy law, except where TAA processes data solely on your instructions as your service provider. You are responsible for your own privacy notices and for lawful use of any attendee data you export from the Platform. You may not sell attendee data and may not use it for purposes unrelated to your organization's mission without the attendee's consent.

6.4. Subscription plans and automatic renewal

If you subscribe to a paid plan that renews automatically, the following applies, including for purposes of California's Automatic Renewal Law (Bus. & Prof. Code § 17600 et seq.) and similar laws in other states:

6.5. Fees to TAA

Plan fees, per-Event fees, platform fees, and the TAA share of any Buyer's Premium are set out in your order form or in the pricing published on the Platform when you create the Event. Fees are quoted in U.S. dollars, exclude taxes, and are due when invoiced or, for transaction-based fees, are deducted from settlements. Except as stated in Section 9.7, fees paid to TAA are non-refundable.

7. Auctions and Bidding

7.1. Bids are binding offers

Each bid is an offer to buy the Lot at the bid amount plus any Buyer's Premium, applicable sales tax, and shipping. Bids cannot be retracted. If your bid is the highest bid when the Lot closes and meets any Reserve or Minimum Bid, a contract of sale is formed between you and the Host Organization (and any Consigner) and you must pay for the Lot. This applies whether the bid was placed by you, by anyone using your credential, or by a Proxy Bid you set.

7.2. Reserves, Minimum Bids, and "with reserve" auctions

Unless the Event terms expressly state that a Lot is offered "without reserve" or "absolute," every Lot is offered with reserve, as that term is used in Section 2-328 of the Uniform Commercial Code as adopted in the applicable state. This means the Host Organization or Auctioneer may withdraw a Lot before completion of the sale, may refuse any bid that does not meet the Minimum Bid or Reserve, and may reopen bidding if a bid is made while the hammer is falling. A Lot that receives a highest bid below its Reserve or Minimum Bid is sold only if the Host Organization and any Consigner approve the sale through the Platform's below-minimum approval process; otherwise the Lot is passed. Neither the Host Organization nor any person acting for it may bid on a Lot in a "without reserve" Auction.

7.3. Bid increments, extended bidding, and timing

The Host Organization sets bid increments, opening bids, closing times, and whether a Lot uses extended bidding (a "soft close" that adds time when a bid is placed near the close). Those settings are displayed on the Lot page. The Platform's clock, not your device's clock, controls closing times. Bids received after a Lot has closed are void.

7.4. Proxy (max) bidding

If you set a Proxy Bid, you authorize the Platform to place bids on your behalf, in the Event's increments, up to your maximum, in response to competing bids. Your maximum is confidential. If two Bidders set the same maximum, the Bidder who set it first prevails. Proxy Bids are a convenience; TAA does not guarantee that a Proxy Bid will be placed and is not liable if a Proxy Bid fails to execute.

7.5. Buy It Now

If a Lot has a Buy It Now Price and you select it before the Lot closes, you purchase the Lot at that price, bidding ends for that Lot immediately, and payment is due at once. Once a Lot has been sold at its Buy It Now Price, other Bidders may no longer bid on it.

7.6. Live auctions and the Auctioneer's authority

During a live Auction, online bids are relayed to the Auctioneer and compete with bids from the room. The Auctioneer controls the pace of the sale, may accept or reject any bid, may advance the bidding in increments the Auctioneer selects, and may settle any dispute about the identity of the winning Bidder or the amount bid. The Auctioneer's decision, as recorded by the clerk in the Platform, is final. TAA has no responsibility for decisions made by an Auctioneer or a Host Organization's clerk.

7.7. Bid suggestions and analytics

The Platform may display suggested bids, bidding activity, popularity indicators, or other analytics, including features generated by TAA's proprietary behavioral intelligence tools. These features are informational aids only. They are not appraisals, are not a representation of value, and do not guarantee any outcome.

7.8. Connectivity and technical risk

Online bidding depends on your device, your internet connection, and services outside our control. You accept the risk that a bid may be delayed, lost, or not recorded. If the Platform becomes unavailable during an Event, the Host Organization may, in consultation with TAA, extend the closing time, pause the Auction, or restart bidding for affected Lots. That is the only remedy for an outage.

7.9. Errors

If a Lot is listed with an obvious pricing or description error, or the Platform records a bid in an amount that could not reasonably have been intended, the Host Organization may cancel the bid or sale. TAA may correct bidding records to reflect the Auctioneer's or clerk's ruling.

8. Winning a Lot; Checkout

When a Lot closes you will be notified through the Platform and by the channels you selected. You must complete checkout, including confirming shipping or pickup, by the deadline stated in the Event terms (by default, before you leave the Event or within 24 hours of the close of an online-only Event). By registering a payment method you authorize the Host Organization, through TAA's payment processor, to charge that payment method for the full purchase price of every Lot you win and every Donation you make, plus any Buyer's Premium, sales tax, shipping, and fees you have agreed to cover. If you do not complete checkout by the deadline, you authorize that charge to be processed automatically.

If a payment fails or is reversed, the Host Organization may cancel your purchase and offer the Lot to the next-highest Bidder, and you remain liable for the difference between your bid and the amount ultimately received, plus reasonable collection costs. TAA may suspend your bidding privileges across all Events until the balance is paid.

9. Payments, Fees, and Taxes

9.1. Payment processing

Payments are processed by our third-party payment processor (currently Stripe, Inc.). By using the Platform you also agree to the processor's terms of service and privacy policy, which are available on the processor's website. TAA is not a bank and does not hold your funds. TAA is not responsible for the acts or omissions of the processor.

9.2. Accepted methods

We accept major credit and debit cards and other payment methods displayed at checkout. A Host Organization may also accept cash, check, or other offline payment at its cashier station; those payments are the Host Organization's responsibility and are recorded in the Platform for reconciliation only.

9.3. Buyer's Premium

A Host Organization may apply a Buyer's Premium to Lots. The total Buyer's Premium, including any portion that is a TAA platform fee, is displayed as a percentage or dollar amount on every bid entry screen, on the Lot page, and in the Event terms before bidding opens, and is itemized on your receipt. Where a Buyer's Premium is charged, it is part of the purchase price and is not tax-deductible except as described in Section 12.

9.4. Sales and use tax

Sales of tangible goods at Auction are generally taxable, even when the seller is a nonprofit, unless a specific exemption applies. The Platform calculates sales and use tax based on the state, county, and city of the Event venue for Lots picked up in person and on the delivery address for Lots that are shipped (destination-based sourcing). In states where TAA is treated as a marketplace facilitator, TAA collects and remits the tax. In all other states, the Host Organization is responsible for collecting and remitting tax, and the Platform's calculations are provided as a convenience. Tax amounts are shown before you confirm your bid or purchase. If you claim an exemption you must provide a valid exemption certificate to the Host Organization before checkout.

9.5. Chargebacks

Bids are binding and charitable contributions are gifts. Disputing a legitimate charge with your card issuer instead of contacting the Host Organization or TAA is a breach of these Terms. We may suspend accounts that initiate unjustified chargebacks and may recover the disputed amount plus processor fees.

9.6. Currency

All amounts are in U.S. dollars unless the Event page states otherwise.

9.7. Refunds

Because the Host Organization is the seller and the recipient of Donations, requests for refunds of Lot purchases and Donations must be made to the Host Organization, which decides them under its own policy and applicable law. TAA will process a refund when the Host Organization approves it. TAA platform fees, plan fees, and payment processing fees are non-refundable except (a) where TAA's own error caused a duplicate or incorrect charge, or (b) where a refund is required by law, including the laws of the state in which you reside.

10. Lots, Items, Descriptions, and Fulfillment

10.1. "As is"

Lots are sold "as is, where is," with all faults, and without any warranty by TAA. Any warranty is given only by the Host Organization, the Consigner, or the manufacturer, and only if stated in the Lot description. You are responsible for inspecting Lots where inspection is offered, for asking questions before you bid, and for confirming measurements, condition, authenticity, and specifications.

10.2. Fair market value

Any value shown for a Lot is the Host Organization's good-faith estimate of fair market value for tax acknowledgment purposes. It is not an appraisal and is not a promise that the Lot is worth that amount.

10.3. Experiences, travel, and gift certificates

Lots that consist of services, travel, dining, lodging, event tickets, or gift certificates are provided by the donor of the Item on the terms stated in the Lot description, including any blackout dates, expiration dates, and party size limits. TAA is not a travel agent or ticket seller and has no responsibility for the availability, quality, or safety of any experience.

10.4. Pickup and shipping; risk of loss

The Lot page states whether pickup, shipping, or both are available. When you complete checkout you must choose one. Title and risk of loss pass to you when the Host Organization hands the Lot to you or to the carrier. Shipping charges, insurance, and any customs duties are your responsibility unless the Lot page says otherwise. Lots not picked up within the time stated in the Event terms may be forfeited without refund, at the Host Organization's discretion.

10.5. Age-restricted and regulated Lots

You must be at least 21 to bid on any Lot containing alcohol, and you must show valid identification at pickup or delivery. Alcohol is sold by the Host Organization under its own license or permit, and TAA does not sell alcohol. Lots that require a license, permit, background check, or registered transfer (for example, firearms) will be fulfilled only through the lawful process described on the Lot page.

11. Consignment Terms

This Section applies if you place an Item with a Host Organization for sale at an Event on any basis other than a 100% donation.

11.1. Payout options

The Platform supports three payout models, which the Host Organization and Consigner agree to in writing through the Platform before the Lot is published: (a) 100% donated to the Host Organization; (b) a Consigner minimum, under which the Consigner receives a stated amount (or nothing if that amount is not reached and the below-minimum sale is not approved) and the Host Organization keeps the balance; or (c) a percentage split of the Hammer Price. The Platform records the agreed model, and the Host Organization is responsible for paying the Consigner according to it.

11.2. Reserves and below-minimum approvals

A Consigner may set a Reserve or Minimum Bid. If the highest bid is below that amount, the Lot is sold only if the Consigner approves the sale through the Platform's approval workflow (or by another written method the Host Organization records in the Platform). Approval requests are time-sensitive during a live Auction; a Consigner who does not respond before the Auctioneer moves on is deemed to have declined.

11.3. Consigner representations

You represent and warrant that you own the Item free of liens and have the right to sell it; that the Item is genuine, safe, and lawful to sell; that your description is accurate and complete; and that you will deliver the Item to the winning Bidder or the Host Organization as agreed. You will indemnify TAA and the Host Organization for any claim that you breached these representations.

11.4. TAA is not the consignee

TAA does not take possession of consigned Items, does not hold Consigner funds, and is not a party to the consignment agreement between you and the Host Organization. TAA is not responsible for a Host Organization's failure to pay you.

12. Donations and Tax Matters

Donations made through the Platform (including paddle raise, fund-a-need, ticket add-ons, and round-ups) are gifts to the Host Organization and are generally not refundable. The Host Organization is responsible for issuing tax acknowledgments.

For Auction purchases, U.S. tax law generally permits a charitable deduction only for the amount you pay above the fair market value of what you receive, and only if the Host Organization is a qualified charitable organization and you intended to make a gift. Buyer's Premiums, sales tax, and shipping are not deductible. TAA is not a tax advisor and provides no tax advice; consult your own advisor. Where TAA sends transaction receipts on the Host Organization's behalf, the receipt will show the Hammer Price, the stated fair market value, and any amount the Host Organization designates as a contribution, based solely on information the Host Organization provides.

Raffles, drawings, and games of chance are operated by the Host Organization, not TAA. Payments for raffle tickets are not charitable contributions. The Platform may record raffle sales and draw winners only where the Host Organization has confirmed that it is lawfully authorized to conduct the raffle in the relevant state.

13. Sponsor Terms

If you sponsor an Event, the sponsorship benefits, recognition, and price are set by the Host Organization in the sponsorship package you accept. TAA displays your name, logo, and message as the Host Organization directs and is not responsible for the Host Organization's performance of sponsorship benefits.

You grant TAA and the Host Organization a non-exclusive, royalty-free license to display your name, trademarks, and materials on the Platform, on big-screen displays, and in Event communications for the purpose of providing the sponsorship benefits. You represent that you have the right to grant that license and that your materials are lawful and not misleading.

Where a sponsorship tier includes lead capture, attendee contact information is shared with you only for attendees who have affirmatively consented to be contacted by Sponsors. You must use that information only as consented, must honor opt-outs, and must comply with the CAN-SPAM Act, the Telephone Consumer Protection Act, and applicable state privacy laws. You may not resell or share attendee information.

14. Communications, SMS, and Electronic Records

14.1. Notifications

When you register you choose which notifications you receive (for example, outbid alerts, closing reminders, and receipts) and by which channels (email, SMS, push, or in-app). It is your responsibility to monitor your bids. We are not responsible if a notification is delayed, blocked, or not received.

14.2. SMS Messaging Terms

By providing your mobile number and opting in, you consent to receive automated transactional text messages about Events you have registered for, such as bid alerts, closing notices, payment confirmations, and pickup instructions, from TAA on behalf of the Host Organization. Message frequency varies by Event. Message and data rates may apply. Consent to receive text messages is not a condition of purchase or of participating in an Event. Reply STOP to cancel at any time and HELP for help. Carriers are not liable for delayed or undelivered messages. Marketing text messages will be sent only with your separate express written consent. We honor revocation of consent made by any reasonable means. See our Privacy Policy for how we handle mobile numbers.

14.3. Consent to electronic communications and signatures

You agree that we and Host Organizations may provide notices, receipts, tax acknowledgments, disclosures, and other communications electronically, and that your electronic acceptance of these Terms and your electronic bids have the same legal effect as a handwritten signature, consistent with the federal E-SIGN Act and state electronic transactions laws. You may withdraw this consent, request a paper copy, or update your contact information by writing to info@theauctionapp.com; withdrawing consent may prevent you from using the Platform. You need a device with internet access, a current browser or our app, and an email account to receive electronic communications.

14.4. Recording

Events may be photographed, recorded, or livestreamed by the Host Organization. Support calls with TAA may be recorded for quality and training; we will tell you at the start of the call.

15. Privacy

Our Privacy Policy explains what personal information we collect, how we use and share it, and the choices and rights you have, including rights under the California Consumer Privacy Act (as amended by the California Privacy Rights Act), the Colorado Privacy Act, and other state privacy laws. We do not sell your personal information. We use cookies and similar technologies as described in the Privacy Policy. Payment card data is handled by our PCI DSS–compliant payment processor and is not stored on TAA's servers.

16. Acceptable Use; Bidding Integrity

16.1. Prohibited bidding conduct

You must not:

16.2. Prohibited content and general conduct

You must not upload or transmit content that is unlawful, infringing, defamatory, harassing, obscene, hateful, or deceptive; that contains malware; that discloses another person's private information without consent; or that impersonates any person or organization. You must not scrape, crawl, index, or harvest content or User data from the Platform, use Platform content to train or fine-tune machine-learning or AI models, reverse engineer or decompile the Platform, frame or mirror it, resell access to it, or use it to build a competing product. You must comply with all applicable laws when using the Platform.

16.3. Enforcement

We may investigate suspected violations, remove content, void bids, cancel sales, suspend or terminate accounts, report conduct to Host Organizations and law enforcement, and pursue civil remedies. Bid rigging at auction may violate federal and state antitrust and auction laws and may be a crime.

17. User Content

You keep ownership of the text, images, logos, and other content you submit to the Platform ("User Content"). You grant TAA a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, adapt, and distribute your User Content as needed to operate, promote, and improve the Platform and to provide Events. For Host Organizations and Sponsors this includes displaying Lot images and logos in catalogs, on big-screen displays, and in Event marketing. The license ends when you delete the content or close your account, except that TAA may retain copies as required by law, in backups, and in records of completed transactions, and except for content that others have already shared. You represent that you have all rights needed to grant this license and that your User Content does not violate the law or any third party's rights.

If you send us ideas, suggestions, or feedback, you agree that we may use them without restriction or compensation.

18. Intellectual Property

The Platform, including its software, design, text, graphics, data models, bidding algorithms, behavioral intelligence features, and the trademarks THE AUCTION APP and TAA, is owned by TAA or its licensors and is protected by U.S. and international copyright, patent, trademark, and trade secret laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose. All other rights are reserved. Nothing in these Terms transfers any ownership of TAA intellectual property to you. Host Organization trademarks and User Content remain the property of their owners.

18.1. Mobile applications

Mobile applications are licensed, not sold, to you. If you download an app from a third-party app store, that store's terms also apply, the store is not responsible for the app or for these Terms, and the store and its subsidiaries are third-party beneficiaries of this Section with the right to enforce it against you. You must comply with the store's usage rules.

18.2. Copyright complaints (DMCA)

If you believe content on the Platform infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c)(3) to our designated agent: Maria Crimi Speth, Attorney for The Auction App, LLC, 3200 N. Central Ave., Suite 2000, Phoenix, AZ 85012, with a copy by email to dmca@theauctionapp.com. Your notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and its location on the Platform; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the copyright owner. We will remove or disable access to material identified in a valid notice and may terminate repeat infringers. If your content is removed you may send a counter-notice under 17 U.S.C. § 512(g).

19. Third-Party Services and Links

The Platform relies on third-party services, including payment processing, SMS and email delivery, mapping, tax calculation, shipping, and app stores, and may link to websites operated by Host Organizations, Sponsors, and others. We do not control and are not responsible for third-party services or websites, their content, or their privacy practices. Your use of them is at your own risk and subject to their terms.

20. Beta Features and AI-Assisted Features

We may offer features labeled beta, preview, or experimental, and features that use artificial intelligence to draft Lot descriptions, suggest values or bid increments, summarize results, or answer questions. Those features may be inaccurate, may change or be withdrawn at any time, and are provided "as is" without any warranty. Host Organizations must review AI-drafted content before publishing it and remain responsible for it.

21. Disclaimers, Limitation of Liability, Indemnity, and Release

21.1. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL CONTENT, LOTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. TAA DOES NOT WARRANT THAT BIDS WILL BE RECEIVED OR RECORDED, THAT NOTIFICATIONS WILL BE DELIVERED, THAT LOT DESCRIPTIONS OR VALUATIONS ARE ACCURATE, THAT ANY HOST ORGANIZATION WILL FULFILL A SALE OR ISSUE A TAX ACKNOWLEDGMENT, OR THAT ANY DONATION OR PURCHASE IS TAX DEDUCTIBLE.

21.2. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TAA AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DONATIONS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, TAA'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO TAA (EXCLUDING AMOUNTS PAID TO HOST ORGANIZATIONS) IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations do not apply to liability that cannot be limited by law, including liability for TAA's fraud, gross negligence, or willful misconduct, or for death or personal injury caused by TAA's negligence. Some states, including California and New Jersey, do not allow certain limitations of implied warranties or of incidental or consequential damages, so some of the above may not apply to you, and you may have additional rights under the laws of your state.

21.3. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless TAA and its members, managers, officers, employees, and agents from any claim, loss, liability, and expense (including reasonable attorneys' fees) arising out of or relating to (a) your User Content; (b) your breach of these Terms or of applicable law; (c) your violation of any third party's rights; (d) for Host Organizations, your Events, Lots, solicitations, raffles, tax acknowledgments, and attendee data; (e) for Consigners, your Items; and (f) for Sponsors, your materials and your use of attendee information. We may assume the defense of any matter subject to indemnification, and you will cooperate.

21.4. Release; California Civil Code § 1542

Because TAA is not a party to the transaction between Bidders, Donors, Consigners, Sponsors, and Host Organizations, you release TAA from all claims, demands, and damages of every kind arising out of or relating to disputes between you and any other User or Host Organization. If you are a California resident you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

22. Dispute Resolution: Informal Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

22.1. Informal resolution first

Before starting arbitration or a lawsuit, you and TAA agree to try to resolve any dispute informally. Send a written notice describing the dispute and the relief you want to The Auction App, LLC, Attn: Legal, 700 North Colorado Boulevard, #249, Denver, Colorado 80206, or by email to legal@theauctionapp.com. We will send any notice to you at the email address on your account. The parties will make a good-faith effort to resolve the dispute, including by a telephone or video conference if either party requests one, within 60 days after the notice is received. Any statute of limitations is tolled during this period. Neither party may start arbitration or litigation until the 60 days have passed.

22.2. Agreement to arbitrate

Except as stated in Section 22.4, you and TAA agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with TAA, including disputes about the validity, scope, or enforceability of this Section, will be resolved by binding individual arbitration and not in court. This agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

22.3. Arbitration rules and process

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are a business), as modified by these Terms. The rules are at www.adr.org. If AAA is unavailable, the parties will select another established arbitration provider, or a court will appoint one. A single neutral arbitrator will decide the dispute. The arbitrator may award the same relief a court could award to the individual party, on an individual basis, and must apply applicable law and these Terms. The arbitrator's decision may be entered in any court with jurisdiction. Arbitration filing, administrative, and arbitrator fees will be allocated under the AAA rules; if you are a consumer and the rules require TAA to pay a larger share, TAA will do so, and TAA will pay all such fees for claims under $10,000 unless the arbitrator finds the claim frivolous. Any in-person hearing will take place in the county where you live, or by video if you prefer. Each party may be represented by counsel and may seek reasonable discovery as allowed by the arbitrator.

22.4. Exceptions: small claims and public injunctive relief

Either party may bring an individual claim in small claims court instead of arbitration if the claim qualifies. Either party may seek an injunction in court to stop unauthorized use or infringement of intellectual property. Nothing in this Section prevents you from filing a complaint with a government agency. If you are a California resident, nothing in this Section prevents you from seeking public injunctive relief in court under California law (McGill v. Citibank); any claim for public injunctive relief will be stayed pending the outcome of arbitration of the individual claims.

22.5. Class action and jury waiver

YOU AND TAA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, EXCEPT AS SECTION 22.4 ALLOWS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF ANY DISPUTE PROCEEDS IN COURT, YOU AND TAA EACH WAIVE THE RIGHT TO A JURY TRIAL TO THE EXTENT PERMITTED BY LAW.

22.6. Coordinated (mass) filings

If 25 or more similar arbitration demands are filed against TAA by or with the help of the same law firm or coordinated group, the parties agree that the demands will be resolved in batches of 25 under the AAA Mass Arbitration Supplementary Rules, that a single arbitrator will be appointed for each batch, that the parties will attempt in good faith to select bellwether cases and mediate after the first batch is decided, and that any statute of limitations is tolled while a demand is waiting to be assigned to a batch. A court will resolve any dispute about whether this Section applies.

22.7. Your right to opt out

You may opt out of the arbitration agreement and class action waiver by sending a written notice to The Auction App, LLC, 700 North Colorado Boulevard, #249, Denver, Colorado 80206, or to legal@theauctionapp.com within 30 days after you first accept these Terms. The notice must include your name, the email address on your account, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms and does not affect any earlier arbitration agreement you may have accepted.

22.8. Changes to this Section; severability

If TAA changes this Section after you accept these Terms, you may reject the change by sending written notice within 30 days, in which case the prior version continues to apply to disputes between you and TAA. If any part of this Section other than the class action waiver is found unenforceable, the remainder still applies. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be heard in court, not in arbitration, and will be stayed until the individual arbitration is complete.

22.9. Governing law and venue

These Terms and any dispute between you and TAA are governed by the laws of the State of Colorado and applicable U.S. federal law, without regard to conflict-of-laws rules, except that (a) the Federal Arbitration Act governs Section 22, and (b) if you are a consumer, nothing in these Terms takes away the protection of any law of the state where you live that cannot be waived by agreement. Subject to Section 22, any court proceeding will be brought in the state or federal courts located in Denver, Colorado, and you consent to their personal jurisdiction, except that you may bring a claim in the courts of the state where you live if that state's law gives you that right.

23. Suspension and Termination

You may close your account at any time from your account settings or by emailing info@theauctionapp.com. Closing your account does not cancel bids you have placed, purchases you owe for, or subscription fees already incurred. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms, created risk or legal exposure for TAA, a Host Organization, or other Users, or failed to pay amounts due, or if we discontinue the Platform. On termination, the license in Section 18 ends, but Sections 5.3, 7.1, 8, 9, 11.3, 17, 18, 21, 22, 23, and 26 survive.

24. Changes to the Platform and to These Terms

We may change, add, or remove features of the Platform at any time. We may also update these Terms. If we make a material change, we will notify you at least 30 days before it takes effect by email, by an in-app notice, or by posting a prominent notice on the Platform, and we will update the "Last Updated" date. Changes that are required by law or that make the Terms more favorable to you may take effect immediately. Your continued use of the Platform after a change takes effect means you accept it. If you do not agree, stop using the Platform and close your account. Changes will not apply retroactively to bids or purchases completed before the effective date, and changes to Section 22 are subject to Section 22.8.

25. State-Specific Notices

25.1. California residents

Under California Civil Code § 1789.3, California users are entitled to the following notice: The Platform is provided by The Auction App, LLC. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254. You may contact TAA at info@theauctionapp.com regarding any complaint about the Platform or to receive further information about the Platform. Fees charged by TAA are described in Sections 6.5 and 9. California residents also have the rights described in Sections 5.3 (charitable fundraising platform disclosures), 6.4 (automatic renewal), 21.2 and 21.4, and 22.4 and 22.7.

25.2. Colorado residents

TAA is a Colorado limited liability company. Colorado residents may contact the Colorado Attorney General's Consumer Protection Section at coag.gov or (800) 222-4444. Charitable solicitation in Colorado is regulated by the Colorado Secretary of State under the Colorado Charitable Solicitations Act; Host Organizations soliciting in Colorado are responsible for registration under that Act.

25.3. New Jersey residents

The limitations, disclaimers, and indemnities in Section 21 apply to New Jersey residents only to the extent permitted by the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act and other New Jersey law, and nothing in these Terms limits your rights under the New Jersey Consumer Fraud Act.

25.4. All other states

Charitable solicitation, auctioneer licensing, raffle, sales tax, and automatic renewal laws differ from state to state. Host Organizations are responsible for compliance in each state where they hold Events or solicit. If any provision of these Terms is unenforceable under the law of your state, that provision will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect.

26. General Terms

Entire agreement. These Terms, the Privacy Policy, and any agreements they incorporate are the entire agreement between you and TAA about the Platform and replace all earlier agreements, including all prior versions of the Terms of Use.

Severability. If any provision is held invalid, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our written consent. TAA may assign these Terms to an affiliate or to a successor in a merger, acquisition, or sale of assets.

Force majeure. Neither TAA nor a Host Organization is liable for delay or failure caused by events beyond its reasonable control, including internet or carrier outages, payment network failures, power failures, natural disasters, epidemics, labor disputes, or government action.

No agency. Nothing in these Terms creates a partnership, joint venture, employment, franchise, fiduciary, or agency relationship between you and TAA. TAA does not act as agent for any Host Organization except, where the law requires, as a limited payment collection agent solely for the purpose of accepting payments on the Host Organization's behalf, such that payment to TAA's processor satisfies your payment obligation to the Host Organization.

Export and sanctions. You may not use the Platform in violation of U.S. export control or sanctions laws.

Accessibility. TAA is committed to making the Platform usable by people with disabilities and works toward conformance with WCAG 2.2 Level AA. If you have difficulty using any part of the Platform, contact info@theauctionapp.com and we will work with you to provide the information or service through an alternative method.

Language. These Terms are written in English. Any translation is for convenience only; the English version controls.

Notices. Notices to you may be sent to the email address on your account or posted in the Platform. Notices to TAA must be sent as described in Section 27.

Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation."

27. Contact Us

The Auction App, LLC

700 North Colorado Boulevard, #249

Denver, Colorado 80206

General support: info@theauctionapp.com

Legal notices and arbitration opt-outs: legal@theauctionapp.com

Copyright notices: see Section 18.2

Privacy requests: privacy@theauctionapp.com

Website: theauctionapp.com