Terms of Service

Introduction and acceptance

These Terms of Service ("Terms") govern your access to and use of AuctionIQ, a SaaS platform that helps users discover and track auction lots, obtain AI-assisted market valuations, extract data from auction listings and invoices, receive bid and market alerts, and manage resale inventory (the "Service"), operated by Apex Technology LLC ("AuctionIQ," "we," "us," or "our").

By creating an account, clicking "I agree," or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and legally able to enter into a binding contract to use the Service.

Description of Service

AuctionIQ provides tools to help users:

• Track auction lots, bid activity, and end times across multiple auction houses and aggregator platforms
• Obtain AI-generated market valuations based on comparable auction and retail sales data
• Analyze potential resale value, landed cost, and profit margins — including pallet and bulk-lot math
• Ingest lot data from pasted text, URLs, invoice PDFs, and images via automated data extraction
• Identify items from photos using third-party image-recognition services and barcode lookups
• Receive in-app, email, and (with explicit consent) SMS alerts about tracked lots and market activity
• Manage post-sale inventory and resale tracking

Scope of the Service

The Service is intended for use by buyers, resellers, dealers, and collectors participating in personal property auctions and resale markets. The Service is not designed for, and does not support, the valuation of real property, securities, or any regulated financial instrument.

AuctionIQ is an informational tool. AuctionIQ is not an auction house, broker, dealer, appraiser, escrow agent, payment processor for auction settlement, financial advisor, or fiduciary. We do not facilitate bids, take custody of funds or items, or settle transactions between you and any auction house or counterparty.

AI-generated valuations — critical limitations

3.1 Nature of valuations. AuctionIQ uses artificial intelligence and machine learning models to generate estimated market values ("Valuations") based on publicly available comparable auction and retail sales data. Valuations are generated algorithmically and are not prepared, reviewed, or certified by a licensed appraiser, auctioneer, or other credentialed professional.

Key disclaimer. AuctionIQ Valuations are market-reference estimates only. They are not professional appraisals, certified opinions of value, or warranties of accuracy. AuctionIQ assesses condition from the descriptions and photos you provide, but has not physically inspected the item and cannot account for undisclosed defects or deterioration. Use Valuations to get oriented. Do not use them to close a deal.

3.2 What valuations do not account for. Valuations are based on comparable sales of similar items and cannot fully account for the following factors, which may materially affect actual market value:

• Physical condition beyond what you describe — condition is assessed from the descriptions and photos you provide; undisclosed wear, damage, or deterioration not reflected in your input will not be captured in the Valuation
• Functionality — whether the item works, is incomplete, or requires repair, if not described
• Missing or non-original components, accessories, or documentation
• Restoration history, modifications, or alterations
• Authenticity — the Valuation is not a certification of genuineness or provenance
• Provenance disputes, legal encumbrances, or title defects
• Item rarity, edition, or variant differences not captured in available comp data
• Local demand, seasonal factors, or market timing specific to your sale channel

Valuations — scope limitations

3.3 What valuations are not for. AuctionIQ Valuations are explicitly not suitable for, and must not be used in connection with:

• Certified or formal appraisals for insurance claims
• Estate or probate proceedings requiring a qualified appraisal
• IRS charitable contribution deductions (which require a qualified appraisal under IRC §170(f)(11))
• Divorce or legal proceedings requiring expert valuation testimony
• Financing, collateral, or lending decisions
• Securities, investment, or capital-markets decisions of any kind
• Real property — including land, structures, or any item with real-property value attached. Real-estate appraisal is regulated under federal and state law and requires a licensed appraiser.

No warranty of accuracy

3.4 No warranty of accuracy. We make no representation or warranty, express or implied, that any Valuation is accurate, complete, or current. Actual sale prices may differ materially from Valuation estimates. Condition differences, authenticity, and other factors inherent to individual items create uncertainty in any market estimate. If your use case requires a certified or legally recognized appraisal, you must engage a qualified, licensed appraiser.

3.5 Valuation improvement. Valuation accuracy improves with more information. Providing detailed item descriptions, high-quality photographs, condition notes, and provenance information will generally result in more relevant comparable data being retrieved. Users are encouraged to supplement AI Valuations with their own research.

User responsibilities and assumption of risk

Your homework is your responsibility — not ours. The Service is a research aid. Every purchase, bid, sale, listing price, resale channel, and inventory decision is yours. You are expected to independently verify any information the Service provides before you act on it. AuctionIQ and Apex Technology LLC are not responsible for losses caused by your failure to perform your own due diligence.

4.1 Independent research required. You are solely responsible for any purchase, sale, bid, investment, or other financial decision you make. AuctionIQ Valuations, alerts, identifications, and extracted data are one data point among many. Before acting on any output of the Service, you should:

• Inspect the item in person or obtain a condition report from the auction house
• Read the auction house's own lot description, terms, premiums, taxes, condition disclosures, and payment/pickup requirements directly on the auction house's site
• Confirm bid amounts, end times, shipping terms, and buyer fees directly with the auction house — do not rely on AuctionIQ as the system of record
• Conduct independent market research using additional sources
• Consult a qualified appraiser, subject-matter expert, accountant, or attorney when appropriate

Assumption of risk and accurate information

4.2 Assumption of risk. By using the Service, you expressly acknowledge and agree that:

• AI Valuations, comp data, alerts, identifications, and automated extractions are estimates or informational outputs — not professional advice, appraisals, or guarantees
• You assume all risk associated with reliance on any output of the Service
• AuctionIQ is not responsible for any loss, damage, missed opportunity, or liability arising from decisions you make based on Service outputs
• You have conducted, or will conduct, your own independent due diligence before acting
• Bid, alert, and notification delivery is best-effort, not a guarantee — see §8

Acceptable use

4.3 Accurate information. You agree to provide accurate and complete information when using the Service. Inaccurate input (item descriptions, condition, category, URLs, invoice uploads) will produce less accurate Valuations and extractions. Deliberately providing false information to manipulate Valuations, alerts, or marketplace analytics is a violation of these Terms.

4.4 Prohibited uses. You may not use AuctionIQ to:

• Generate valuations for regulatory, legal, or tax compliance purposes without obtaining a certified appraisal
• Misrepresent an AI-generated estimate, automated identification, or extracted data as a professional appraisal, authentication, or certification to any third party
• Defraud buyers, sellers, insurers, lenders, or any other party
• Scrape, mirror, resell, or redistribute comp data, Valuations, or other Service outputs outside your own use
• Reverse engineer, probe, or attempt to extract our models, embeddings, prompts, or training data
• Upload content you do not have the right to upload, including copyrighted images without permission, personal data of others without authorization, or content obtained in violation of a third-party site's terms
• Violate any applicable law, regulation, or third-party right
• Interfere with or overload the Service, including automated access in excess of documented rate limits

Account security

4.5 Account security. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at support@auctioniq.net if you suspect unauthorized access. We are not liable for losses arising from your failure to keep your credentials confidential.

Comparable sales data and market information

The Service retrieves, caches, and displays comparable sales data ("Comp Data") from third-party sources, which may include but are not limited to eBay, LiveAuctioneers, Reverb, Discogs, public auction records, and data contributed by other AuctionIQ users. Comp Data is used as an input to Valuations and as standalone market information.

Comp Data is provided on an "as-is" basis. We do not independently verify individual comp listings. Comp Data may be stale, mis-categorized, partially matched, or include outliers. Listing prices (asks) are not the same as realized sale prices, and "sold" records from third-party platforms may reflect best-offer acceptances or other transactions below list. You must not treat any individual comp — or any aggregate derived from Comp Data — as a guarantee of the price at which an item will actually sell.

Comp Data displayed in AuctionIQ (including market-insights dashboards) is provided for your personal or internal business research. You may not export, scrape, resell, or redistribute Comp Data in bulk.

Third-party sources may change, rate-limit, or terminate access at any time. Coverage, freshness, and completeness of Comp Data may vary by category and by source.

Automated data extraction and identification

The Service includes features that use AI and third-party services to extract structured data from content you submit or link to, including:

• Smart Import — parsing auction pages from URLs or pasted text to extract auction metadata and lots
• Invoice and receipt parsing — extracting lots won, hammer prices, premiums, taxes, and totals from uploaded PDFs or emails
• Image-based item identification — using third-party image-recognition services to suggest item categories, logos, labels, and OCR text
• Barcode / UPC / EAN lookup — resolving barcodes to product records via third-party databases

Review of automated extractions

These features are informational aids only. Extractions may be incomplete, miscategorized, or incorrect — including, without limitation, wrong item, wrong quantities, wrong hammer prices, wrong taxes, wrong dates, wrong condition, or wrong identification. You must review every extraction before saving it to your account and before making any purchase, listing, or tax decision based on it. If there is a discrepancy between the extracted data and the auction house's or invoice's source-of-truth record, the source-of-truth record controls.

When you upload a file or submit a URL, you represent that you have the right to do so. You are solely responsible for ensuring that submission complies with the source site's terms of service, applicable copyright, and applicable privacy laws.

Bid tracking, alerts, and notifications

AuctionIQ may send you in-app, email, and SMS alerts about tracked lots, bid changes, ending auctions, valuation changes, and other events ("Alerts"). Alerts depend on a chain of third-party services, including but not limited to auction-house websites, scraping proxies, the public internet, our email provider, our SMS provider (Twilio), and the carriers that ultimately deliver email and SMS to you.

Alerts are best-effort, not guaranteed. We do not guarantee that any Alert will be sent, delivered, delivered on time, or read. Auction-house sites change, rate-limit, or block our requests; carriers delay or filter messages; devices go offline. Bid snapshots may lag the auction house's live state by minutes or more. Do not rely on AuctionIQ Alerts as your sole mechanism for bidding, outbid notification, or auction monitoring in time-sensitive situations.

Advertised Alert types, polling cadences, and features described on our marketing pages are targets, not contractual commitments. Features labeled "coming soon" or otherwise flagged as in development may not be available and may change or be withdrawn.

You can configure which Alert types you receive and which delivery channels (in-app, email, SMS) are enabled for each type in your Notification Preferences. You can disable all non-essential email at any time.

SMS alerts and TCPA consent

SMS (text message) Alerts are available only after you provide explicit, affirmative consent for the phone number on your account, by reading the SMS disclosure in your account Settings and clicking "I agree." This consent is required under the federal Telephone Consumer Protection Act (TCPA) and similar laws.

• Message frequency varies based on your tracked lots and alert settings
• Message and data rates may apply, depending on your carrier and plan
• You can reply STOP to any AuctionIQ SMS at any time to unsubscribe. Reply HELP for help. You can also revoke consent at any time in account Settings
• Consent is not a condition of purchase or of using AuctionIQ — you can use the Service without enabling SMS
• Consent is specific to the phone number on your account at the time of consent. If you change your phone number, your SMS consent is automatically invalidated and must be re-granted
• If we materially update the SMS disclosure text, your existing consent will be invalidated and you will be asked to re-consent before further SMS are sent

SMS provider and delivery

We use Twilio as our SMS provider. SMS delivery is subject to Twilio's and your carrier's availability and policies. We do not guarantee SMS delivery — see §7. We retain SMS consent records (timestamp, phone number, disclosure version) for at least four (4) years after consent revocation, as is standard industry practice for TCPA-related disputes.

For a complete public-facing description of the SMS opt-in workflow, the message types we send, frequency, and opt-out instructions, see our SMS Messaging Policy.

Third-party sites, services, and data

The Service integrates with and links to third-party websites, APIs, and services, including but not limited to auction houses and aggregators (e.g., HiBid, Proxibid, LiveAuctioneers, GovDeals, AuctionZip, EstateSales.org, AuctionNinja), marketplaces (e.g., eBay, Reverb), reference databases (e.g., Discogs, barcode providers), AI providers (e.g., OpenAI, Anthropic, Google Cloud Vision), authentication providers (e.g., Google, Microsoft, Apple), billing providers (e.g., Stripe), and communication providers (e.g., SendGrid, Twilio).

We are not responsible for the availability, accuracy, content, policies, pricing, practices, or conduct of any third party. Your use of a third-party site or service is governed by that third party's terms and privacy policy. Any dispute you have with a third party — including, without limitation, an auction house about a bid, invoice, item, or payment — is between you and that third party.

Third parties may change, rate-limit, or terminate access at any time, which may temporarily or permanently reduce or eliminate related features of the Service.

No financial, investment, legal, or tax advice

Nothing in the Service constitutes financial, investment, legal, accounting, or tax advice. AuctionIQ does not provide personalized recommendations, and is not acting as a fiduciary, broker, dealer, investment adviser, attorney, or accountant. Valuations, bid recommendations, resale-channel suggestions, profit calculators, and market insights are informational aids only.

You should consult qualified professionals — appraisers, attorneys, tax advisors, and licensed dealers — regarding specific situations. Reliance on any information provided by the Service is at your own risk.

Subscription, billing, and auto-renewal

11.1 Paid subscription. The Service is offered as a paid subscription, with a limited free trial (a fixed number of lots) that does not require a payment method. Subscription tiers, included features, and prices are listed on our pricing page at the time of purchase.

11.2 Billing and auto-renewal. By starting a paid subscription, you authorize us (and our payment processor, Stripe) to charge your payment method the applicable subscription fee plus any applicable taxes on a recurring basis (monthly or annually, depending on the plan you select). Subscriptions automatically renew at the end of each billing period until you cancel.

You can cancel at any time from your account Settings or by contacting support@auctioniq.net. Cancellation stops the next auto-renewal; it does not end your current paid period.

Refunds, price changes, and failed payments

11.3 No refunds; service through end of paid period. All subscription fees are non-refundable. If you cancel mid-period, your subscription remains active and you retain access to paid features through the end of the period you already paid for, after which the subscription will not renew. For example, if you pay for service from April 17 through May 17 and cancel on any date in that window, your paid access ends on May 17 and no pro-rated refund will be issued.

We may, at our sole discretion and on a case-by-case basis, offer refunds or credits where required by applicable law or in exceptional circumstances. Doing so in one instance does not obligate us to do so in any other.

11.4 Price changes. We may change subscription prices from time to time. We will provide at least sixty (60) days' advance notice of any price increase, by email to the address on your account and/or by in-app notice. Price changes take effect at the start of your next billing period following the notice period. If you do not wish to accept a new price, you may cancel before it takes effect under §11.2.

11.5 Failed payments. If a charge is declined or a payment fails, we may retry the charge, downgrade your account, suspend access to paid features, and/or terminate the subscription. You remain responsible for amounts owed through the end of your current billing period.

11.6 Taxes. Fees are exclusive of applicable sales, use, VAT, GST, and similar taxes, which will be added where required.

User content license

You retain ownership of content you upload to or create within the Service, including item descriptions, photos, invoices, notes, and lot data ("User Content"). By submitting User Content, you grant AuctionIQ a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, transmit, display, and modify User Content solely for the purposes of (a) operating and providing the Service to you, (b) improving the Service's accuracy and features, including training and tuning internal valuation, extraction, and identification models on aggregated or de-identified data, and (c) generating anonymized, aggregated Comp Data and market analytics. We will not publish identifiable User Content of yours publicly without your permission, except as necessary to operate the Service (for example, generating shareable links that you explicitly create).

You represent and warrant that you have all rights necessary to submit User Content and grant the license above, and that your User Content does not infringe any third-party right.

Disclaimer of warranties

THE SERVICE AND ALL VALUATIONS, COMP DATA, ALERTS, EXTRACTIONS, IDENTIFICATIONS, AND OTHER OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUCTIONIQ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components
• Any warranty that Valuations, Comp Data, Alerts, extractions, or identifications are accurate, complete, reliable, timely, or current
• Any warranty that results obtained from use of the Service will meet your requirements or produce any specific outcome

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX TECHNOLOGY LLC, AUCTIONIQ, OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, goodwill, business opportunities, or items won/lost at auction
• Any losses arising from your reliance on a Valuation, bid recommendation, Comp Data point, Alert, identification, or extracted invoice/lot data — including, without limitation, in connection with a purchase, sale, bid, listing decision, inventory valuation, insurance submission, financing, or legal or tax proceeding
• Any losses arising from delayed, undelivered, duplicated, or inaccurate Alerts, including missed bid windows, outbid losses, or failure to act on an ending-soon notification
• Any losses arising from incorrect or incomplete automated extraction, identification, categorization, or OCR
• Any losses arising from market fluctuations, condition differences, authenticity issues, or undisclosed defects not captured by the Service
• Any losses arising from third-party sites or services — including auction houses, marketplaces, AI providers, payment processors, email and SMS providers, and carriers
• Any losses arising from your failure to perform your own independent due diligence as required by §4

Liability cap

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AUCTIONIQ'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, THE TOTAL AGGREGATE LIABILITY OF APEX TECHNOLOGY LLC AND AUCTIONIQ TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AUCTIONIQ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify, and hold harmless Apex Technology LLC, AuctionIQ, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms or any applicable law or third-party right
• Any dispute between you and an auction house, marketplace, or other third party
• Your reliance on any Service output in a purchase, sale, bid, listing, insurance, tax, or legal decision

Intellectual property

AuctionIQ and its licensors retain all rights, title, and interest in and to the Service, including all underlying models, algorithms, embeddings, prompts, software, data compilations, and content. These Terms do not grant you any ownership rights in the Service.

Valuations, Comp Data, and other outputs generated by the Service are provided for your personal or internal business use only. You may not resell, redistribute, sublicense, or represent such outputs as your own work product for commercial purposes without our prior written consent.

Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of information as described in the Privacy Policy.

Item data, images, invoices, and descriptions you provide may be used to improve the accuracy of our valuation, extraction, and identification models — on an aggregated or de-identified basis — subject to the Privacy Policy.

Changes to the Service and Terms

We reserve the right to modify, suspend, or discontinue the Service (or any part of it, including features, integrations, and Alert types) at any time, with or without notice.

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice within the Service at least thirty (30) days before they take effect. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

Price changes are governed specifically by §11.4.

Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason at our sole discretion. You may terminate your account at any time from account Settings or by contacting support@auctioniq.net. Termination does not entitle you to a refund — see §11.3.

Survival. The following sections survive termination: §3 (AI Valuations), §4 (User Responsibilities), §5 (Comp Data), §6 (Automated Extraction), §7 (Alerts), §10 (No Advice), §11.3 (No Refunds), §12 (User Content License), §13 (Disclaimer of Warranties), §14 (Limitation of Liability), §15 (Indemnification), §16 (Intellectual Property), §20 (Governing Law), and §21 (Miscellaneous).

Governing law and dispute resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-law provisions.

Any dispute arising under or relating to these Terms shall be resolved exclusively in the state or federal courts located in Sedgwick County, Kansas, and you consent to the personal jurisdiction and venue of those courts. Each party irrevocably waives any objection to venue in those courts on grounds of inconvenient forum.

Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any order form or plan terms you accept at checkout, constitute the entire agreement between you and AuctionIQ regarding the Service and supersede all prior agreements.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

Assignment. You may not assign these Terms or any of your rights hereunder without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for any failure or delay caused by events outside our reasonable control, including internet or carrier outages, third-party service failures, denial-of-service attacks, natural disasters, labor disputes, or government actions.

Contact. Questions about these Terms should be directed to support@auctioniq.net.