Auction House Terms

The parts of Auktia's Terms of Service that apply to auction houses, their owners and their teams.

Effective October 20, 2026

These are Parts A, C, D, E and F of Auktia’s Terms of Service, a single agreement. When you or anyone on your team bids on Auktia, the Bidder Terms (Part B) apply to that bidding too (Section A3).

Part A. General Terms (all Users)

A1. Definitions

In these Terms: “Auktia,” “we,” “us” and “our” mean Auktia LLC, a Texas limited liability company. “Service” means the website at www.auktia.com, its subdomains, applications, notifications, text messages, application programming interfaces and all related services Auktia provides. “User” or “you” means any person or entity that accesses or uses the Service, and, where you use it for a business, that business. “Bidder” means a User who registers for, bids in, or buys in a Sale. “House” means an auction house, auctioneer, dealer or other seller that lists Lots or conducts Sales on the Service, together with its owners. “House Personnel” means a House’s owners, members, managers, employees, auctioneers, contractors and agents, and anyone else the House permits to use its account. “Lot” means an item or group of items offered for sale as a single unit. “Sale” means a timed auction a House conducts on the Service. “Listing” means a Lot’s title, description, photographs, condition information, notes, estimates, specifications and every other piece of information about it. “Hammer Price” means the highest accepted bid on a Lot when it closes. “Buyer’s Premium” means the percentage of the Hammer Price the House charges the buyer for a Sale. “All-In Price” means the Hammer Price plus the Buyer’s Premium, applicable sales tax and any shipping charge. “Contract of Sale” means the contract between a winning Bidder and a House (or the consignor for which the House sells) formed under Section B6. “House Terms” means the terms and conditions a House publishes for a Sale. “Content” means any text, image, data or other material. “Fees” means all amounts a House owes Auktia. “Payment Processor” means Stripe, Inc. and its affiliates, or any other payment processor Auktia designates.

Everyday words. The Service also uses everyday words for some of these terms, and each pair means the same thing wherever either word appears, on the Service or in these Terms: “item” means a Lot; “seller” means a House; “auction” means a Sale; “winning bid” means the Hammer Price, and “current bid” means the highest accepted bid while a Lot is open; “buyer’s fee” means the Buyer’s Premium; “bidder number” means a paddle number, and “My bids” is the page also called My paddle; “minimum price” means a reserve; “starting bid” means an opening bid; “extended bidding” means a soft close; and, for a House, “invoices” means settlement. Either word may be used, and neither changes what these Terms say.

A2. Acceptance; Electronic Agreement

These Terms of Service, together with the Privacy Policy and any other policies or terms referenced in them (together, the “Terms”), are a legally binding agreement between you and Auktia. You accept the Terms, and agree to be bound by them, when you (a) tick a box or click a button indicating that you agree, (b) create an account, (c) register for a Sale, place a bid, list a Lot or publish a Sale, or (d) otherwise access or use the Service, whichever occurs first. If you do not agree, do not use the Service.

You consent to entering into the Terms, and all other agreements, notices, disclosures, invoices and records relating to the Service, electronically. Your electronic acceptance has the same force as a handwritten signature, and electronic records satisfy any requirement that a communication be in writing, under the federal Electronic Signatures in Global and National Commerce Act and the Texas Uniform Electronic Transactions Act. Auktia records each acceptance of the Terms, including the version accepted, the date and time, the account, the network address and the browser used, and that record is evidence of your acceptance. You may print or save the Terms at any time from this page.

If you use the Service on behalf of a business or other entity, you represent and warrant that you are authorized to bind it to the Terms, and it is bound by them.

A3. Your Roles; Users Who Are Both Bidders and Houses

The Terms apply to you in every capacity in which you use the Service. Part A (General Terms), Part D (Disclaimers, Limitation of Liability, Release and Indemnification), Part E (Dispute Resolution) and Part F (General Provisions) apply to every User. Part B (Bidder Terms) applies whenever you register, bid or buy. Part C (Auction House Terms) applies whenever you list, sell, conduct a Sale, or act for a House as House Personnel.

If you are both a Bidder and a House (or House Personnel), Parts B and C both apply to you, and your obligations under them are cumulative. As to any particular transaction, the Part that governs the role in which you acted in that transaction controls in the event of a conflict. Nothing in one Part limits any right of Auktia, or any obligation of yours, under the other. The Bidder Terms and the Auction House Terms published on separate pages are parts of this single agreement, and acceptance of the Terms in either role is acceptance of the entire Terms.

A4. Auktia Is a Venue, Not a Party to Any Sale

Auktia provides an online venue and technology (a catalogue, a bidding engine and clock, invoicing, checkout and tools) that Houses use to conduct their own Sales and that Bidders use to bid in them. Auktia is not an auctioneer, seller, consignor, buyer, broker or agent of any User, and is not a party to any Contract of Sale. Each House is the seller (or the agent of the consignor) of the Lots it lists and is the auctioneer of its Sales. Auktia does not own, take possession of, store, inspect, authenticate, appraise, insure, ship or deliver any Lot, does not pass or hold title to any Lot, does not act as an escrow agent, and owes no fiduciary duty to any User.

Auktia does not control, and is not responsible for, the existence, quality, safety, legality, authenticity or value of any Lot, the accuracy of any Listing, the ability of any House to sell or of any Bidder to pay, or the performance of any User. The display of a Lot, Sale or House on the Service, Auktia’s approval of a House, and any badge, check or verification on the Service are not an endorsement, guarantee or warranty by Auktia of any kind.

A5. Eligibility and Accounts

• You must be at least 18 years old, able to form a binding contract, and not barred from using the Service under applicable law or by Auktia.
• One person, one account. Each account has its own paddle number. You may not share an account, transfer it, or open or use another account to avoid a limit, block, suspension or obligation. Each member of House Personnel must use his or her own account.
• You sign in with a one-time code or link sent to your email, with Google, or with a password you set. You are responsible for safeguarding your email account, Google account and password, and you are responsible for all activity on your account, whether or not authorized by you, until you notify Auktia at auktiasupport@gmail.com that your account has been compromised.
• You must provide accurate, current and complete information (including your name, shipping address and telephone number) and keep it current. Houses rely on this information to invoice and deliver.
• Auktia may, at any time and in its sole discretion, refuse to open an account, limit what an account may do, or require information to verify your identity, payment method, business or authority before you may bid, sell or continue to use the Service.
• Your paddle number appears in public bid histories. Auktia does not show other Bidders your name or contact details.

A6. New, Beta and Demonstration Features

Each new House must be approved by Auktia before it may publish a Sale. Auktia may add, change or withdraw features without notice, and may label features as new, beta or experimental; those features are provided “as is” without any warranty or commitment. Auktia may show demonstration Sales from sample Houses. Nothing in a demonstration Sale is for sale, and a bid in a demonstration Sale forms no contract.

A7. Communications

• Service messages. Auktia sends sign-in codes and links, invoices and messages from Houses, and messages about your bidding, purchases, Sales and account by email and through the Service. These are necessary to provide the Service, and you may not opt out of them while you have an account.
• Device alerts. If you enable them, Auktia sends notifications to your browser or device when you are outbid and before Lots you watch close. You may disable them in Settings or in your browser at any time.
• Text messages. Auktia sends text messages only if you opt in, as described in Text alerts below.
• Marketing. Auktia may email Houses and prospective Houses about the Service. Each such email includes an unsubscribe link, which Auktia honors.
• Houses you follow. If you follow a House, including because it invited you and you then joined Auktia with the invited email address, Auktia emails you when that House publishes a Sale. Each such email includes an unsubscribe link, which Auktia honors, and you may unfollow a House at any time.
• Invitations from Houses. A House may give Auktia its own customers’ email addresses so that Auktia can invite them to the House’s Sales in the House’s name, as described in Section C7A. Each invitation includes a link to unsubscribe from that House’s invitations, or from every House’s, which Auktia honors.
• Alerts are a convenience, not a guarantee. Emails, notifications and texts may be delayed, filtered or not delivered. The Lot page is the official record of bidding, and your bids, obligations and deadlines are unaffected by whether any message reaches you. Auktia is not liable for any failure or delay in delivering any message.

Text alerts (Auktia Auction Alerts)

• What they are. Auktia Auction Alerts are automated text messages from Auktia’s toll-free number about your own bidding, and only these: the first time you’re outbid on a lot (once per lot, not every time), that a lot you bid on closes in about 3 minutes and you’re not the high bidder, and, when you win, what you owe the auction house, the day after the sale closes and once more with the final reminder, with a link to pay on auktia.com. We don’t send marketing by text.
• How you agree. Texts are off unless you turn them on. In Settings (or when Auktia asks once, after your first bid) you enter your mobile number and tick a box (never ticked for you) agreeing to receive them; we then text you to confirm. You must be the subscriber of that number, or allowed by the subscriber to use it, and it must be a US mobile number. If you give up the number, turn texts off first.
• How many. Message frequency varies with your bidding, up to 10 texts a day. Message and data rates may apply, as set by your mobile carrier.
• Stopping them. Reply STOP to any text (or STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT) to cancel. You’ll get one text confirming it, and we won’t text you again unless you reply START or turn texts back on. You can also turn texts off in Settings at any time.
• Help. Reply HELP for help, or email auktiasupport@gmail.com.
• Consent is not a condition of purchase. You can register, bid, win and pay on Auktia without ever agreeing to texts.
• Carriers are not liable for delayed or undelivered messages. Texts can arrive late or not at all, so don’t rely on them alone: the lot page is the live record of the bidding, and your bids stand whether or not a text reaches you.
• How we use and protect your number is in the Privacy Policy. More about the program, with examples of the texts: auktia.com/texts.

A8. Prohibited Items and Conduct

Items. Lots must be lawful to sell, buy and ship. A House must not list:

• stolen goods; counterfeit, replica or unauthorized goods presented as genuine; or anything else that infringes any person’s intellectual property or other rights;
• recalled products, or any product whose sale is prohibited or restricted by the Consumer Product Safety Commission or other law;
• firearms, ammunition, regulated firearm parts or other weapons, except where the House holds every license the law requires and each transfer is made through a licensed dealer where the law requires;
• explosives, fireworks or hazardous materials that may not lawfully be sold or shipped in this manner;
• prescription drugs, controlled substances or drug paraphernalia; or alcohol, tobacco or vaping products except where licensed and lawful;
• parts of endangered or protected species without the documentation the law requires; or human remains;
• live animals, motor vehicles or real property, except where the law allows, the House holds every license required, and the House gives every disclosure and title document the law requires; or
• government identification, personal data, accounts or credentials, or anything else that federal, state or local law prohibits selling by auction or online.

Conduct. You must not: (a) scrape, crawl, copy or harvest the catalogue, bid data or any other part of the Service, or use it to train or supply any artificial intelligence system, except through features Auktia provides; (b) bid with bots, scripts or other automated means, or interfere with the clock, the bidding engine or the Service, or probe, scan or circumvent its security; (c) use more than one account to bid, or use any account to avoid a block, limit or suspension; (d) engage in shill bidding, collusion or any manipulation of prices or results; (e) harass, threaten, defraud or deceive any House, consignor, Bidder or Auktia personnel, or impersonate any person; (f) use any other person’s personal information except as the Terms permit; (g) upload malware, or copy, modify, decompile, reverse engineer, frame, resell or create derivative works of the Service; (h) use the Service to circumvent Fees or to arrange transactions off the Service for Lots listed on it; or (i) use the Service for any unlawful, fraudulent or harmful purpose. Auktia may remove any Lot or Content, and may cooperate with law enforcement and the owners of affected rights, at its sole discretion.

A9. Intellectual Property; Licenses; Feedback

• The Service, including its software, design, text, graphics, databases and compilations, and the Auktia name, logos and marks, are owned by Auktia or its licensors and are protected by law. Subject to the Terms, Auktia grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for its intended purpose. All rights not expressly granted are reserved.
• Your Content. You retain ownership of Content you upload. You grant Auktia a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual and irrevocable license to host, store, reproduce, display, perform, distribute, adapt (including by resizing, cropping, formatting, translating and summarizing), create derivative works of, and otherwise use your Content in connection with operating, improving, marketing and promoting the Service, on and off the Service, including after a Sale ends to show results, prices and history. Product information and photographs from Listings may be retained in Auktia’s product catalogue and made available to other Houses listing the same or similar products. You represent and warrant that you have all rights necessary to grant this license, and that your Content and Auktia’s use of it as permitted by the Terms do not infringe or violate any person’s rights or any law.
• Feedback. If you send Auktia ideas, suggestions or feedback, Auktia may use them for any purpose without restriction or obligation to you.
• Copyright complaints. If you believe Content on the Service infringes your copyright, send auktiasupport@gmail.com a notice identifying the copyrighted work, where the material appears on the Service, your contact information, a statement that you have a good-faith belief that the use is not authorized by the owner, its agent or the law, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act for the owner, and your physical or electronic signature. Auktia removes infringing material and terminates the accounts of repeat infringers in appropriate circumstances.

A10. Privacy

Auktia’s collection, use and sharing of personal information is described in the Privacy Policy, which is part of the Terms. By using the Service you acknowledge that Houses receive Bidders’ personal information as described in the Privacy Policy and Section C7, and that each House is independently responsible for its own use of it.

A11. Third-Party Services and Information

The Service relies on and links to services operated by others, including the Payment Processor, Google, text-message and email providers, mobile carriers, shipping carriers, product-data sources and artificial-intelligence providers. Your use of a third-party service is governed by its own terms, and Auktia is not responsible for any third-party service, or for any act or omission of its provider. Product details, retail prices, stock photographs, identifications and text supplied by barcode or product lookups or generated by artificial-intelligence tools may be incomplete or wrong; they are provided without warranty, and the House is solely responsible for any Listing that uses them.

A12. Suspension, Termination and Survival

• You may stop using the Service at any time. To close your account, email auktiasupport@gmail.com from the address on your account. Closing an account does not cancel or affect bids already placed, Contracts of Sale already formed, amounts owed to any House, or Fees owed to Auktia.
• Auktia may suspend, restrict or terminate any account, House or Sale, remove any Lot or Content, void any bid, or cancel any result, at any time, with or without notice, if Auktia believes, in its sole discretion, that the Terms have been breached, fraud, abuse or risk to Auktia or others is involved, the law requires it, or continuing would expose Auktia to liability. Where appropriate, Auktia will tell you why, and you may ask Auktia to reconsider by email.
• Auktia may modify, suspend or discontinue the Service, or any feature, at any time. If Auktia discontinues the Service, it will give Houses reasonable notice where practicable.
• All provisions of the Terms that by their nature should survive termination survive it, including Sections A4, A9, A12, Part B (as to bids placed and Sales made), Part C (as to Sales conducted, Fees owed and Bidder data), and Parts D, E and F.

A13. Changes to the Terms

Auktia may amend the Terms at any time by posting the amended Terms on the Service with a new effective date. For material changes, Auktia will give notice by email or through the Service, which may include asking you to accept the amended Terms before you next bid or publish a Sale. Amended Terms take effect on the earlier of (a) the date you accept them, and (b) 30 days after notice, or on posting where a change is required by law or concerns a new feature. A bid is governed by the Terms in force when it was placed. If you continue to use the Service after amended Terms take effect, you accept them. If you do not agree, you must stop using the Service and close your account. Changes to Part E are subject to Section E8.

Part C. Auction House Terms

This Part applies to every House, and to every member of House Personnel when acting for a House, in addition to Parts A, D, E and F. If a House or any of its House Personnel also bids, Part B applies to that bidding, subject to the prohibitions in Section B5.

C1. Approval; Responsibility for the House and its Personnel

• Auktia approves each House before it may publish a Sale, and may decline, suspend or revoke approval at any time in its sole discretion.
• The House, and the individual who opens or owns the House account, are jointly responsible for the House’s account, for the House Personnel the House adds, and for every act and omission of House Personnel on or in connection with the Service, as if they were the House’s own.
• Only the House’s owner may connect its payment account, agree to the Terms for the House, manage billing and change the House’s team.

C2. Licenses and Legal Compliance

The House represents, warrants and covenants that it, and each member of its House Personnel who acts as an auctioneer, (a) holds and will maintain every license, registration, permit and bond required by applicable law to conduct its Sales and sell its Lots, including any auctioneer’s license required by the State of Texas (Texas Occupations Code Chapter 1802) or any other jurisdiction, or is exempt from those requirements; and (b) complies, and will comply, with all laws that apply to its business and Sales, including those governing auctions and auctioneers, consumer protection, advertising, product safety and recalls, firearms and other regulated goods, consignment, sales and use tax, unclaimed property, anti-discrimination, export and sanctions, privacy and data security, the INFORM Consumers Act, and electronic and telephone marketing (including the CAN-SPAM Act and the Telephone Consumer Protection Act). Auktia is not the auctioneer of any Sale and does not hold any auctioneer’s license on any House’s behalf.

C3. Listings; Representations and Warranties

For each Lot it lists, the House represents and warrants that:

• it owns the Lot, or is authorized by its owner to sell it, and can pass good and marketable title to the buyer, free of liens and encumbrances not disclosed in the Listing;
• the Lot is lawful to sell, buy and ship, and is not a prohibited item under Section A8;
• the Listing is accurate and not misleading, and discloses every material defect the House knows of; reserve status, shipping and pickup details are accurate; and
• the House has every right needed to upload and license its Content.

The House is solely responsible for its Listings, including any Content generated or supplied by Auktia’s tools (barcode and product lookups, stock photographs, and titles, descriptions, categories and estimates drafted by artificial intelligence). These tools may be wrong. The House must review and correct every Listing before publishing and is responsible for it as if the House had written it. Auktia’s pre-publication checks look only for missing information; Auktia does not review Listings for accuracy, legality or compliance, and has no duty to do so.

C4. Conducting Sales

• The House sets each Sale’s Buyer’s Premium, tax rate, closing schedule, soft-close window, bidder approval, shipping method, pickup details, payment methods and House Terms, and must honor what its Sale page states. House Terms must be consistent with the Terms and the law; where they conflict, the Terms control.
• The House must honor every result, release or ship Lots as described and on time, enter after-sale shipping charges promptly and at a fair and reasonable amount, and resolve buyers’ claims in good faith.
• The House is solely responsible for its agreements with, payments to and reporting to its consignors. Auktia has no relationship with or obligation to any consignor.
• No House or House Personnel may bid, or cause anyone to bid, in the House’s own Sales (Section B5).
• Non-circumvention. The House must not, directly or indirectly, sell a Lot listed on the Service to a Bidder outside the Service while it is listed, or within 30 days after its Sale closes, or otherwise steer Bidders away from the Service to avoid Fees. Any such sale is subject to the Fees that would have applied had it been made through the Service.

C5. Taxes

The House is solely responsible for setting the correct tax rate for each Sale; for determining, charging, collecting, reporting and remitting all sales, use and similar taxes on its Sales; for any tax on its income; and for any interest and penalties. Auktia does not provide tax advice. If any law (including any marketplace-provider or marketplace-facilitator law) requires Auktia to collect or remit tax on a House’s Sales, the House authorizes Auktia to do so, to adjust the calculation and collection of tax for those Sales accordingly, and to recover from the House any tax Auktia is required to pay that the House collected or should have collected, and the House will cooperate and provide any information Auktia reasonably requests.

C6. Seller Information

The House must provide Auktia its legal name, business address, telephone number, email address and taxpayer identification number, certify that they are accurate, keep them current, and confirm them at least annually. As the INFORM Consumers Act requires, Auktia displays the House’s legal name, business address, telephone number and email address to buyers and keeps its taxpayer identification number confidential. A House may not publish a Sale until its seller information is provided, or after a year passes without confirmation, and Auktia may suspend a House that does not comply.

C7. Bidder Data

• The House receives Bidders’ personal information (including name, email address, bidding and, for winners, amounts owed and shipping addresses) solely to conduct and complete Sales made on the Service and to meet its legal obligations. The House may not sell, rent or disclose it, or use it for marketing, unless the Bidder consents to that directly with the House.
• The House is an independent controller of Bidder data it receives, must protect it with reasonable administrative, technical and physical safeguards, must comply with all privacy and data-security laws that apply to it, and must notify Auktia at auktiasupport@gmail.com within 72 hours of learning of any unauthorized access to or use of Bidder data in its possession.
• Notes a House records about a Bidder or invoice must be factual and professional.

C7A. Customer Lists and Invitations

• Only your own customers, only with permission. A House may upload a list of its customers (email addresses and, if it has them, names and phone numbers) so that Auktia can invite them to the House’s Sales. By uploading a list, the House represents and warrants that every person on it is the House’s own customer, that the House obtained their information lawfully, and that the House has every consent and right the law requires to send them email about its Sales, including under the CAN-SPAM Act and any other law that applies. A House may not upload purchased, rented, scraped or borrowed lists, or anyone who has asked the House not to email them. Auktia records each upload and its certification, including who made it, when, and the IP address and browser used.
• Invitations are the House’s messages. Auktia sends invitations only when the House’s team asks it to, from Auktia in the House’s name, to the House’s next published Sale or its page on Auktia, with replies going to the House. The House is responsible for the lawfulness of its invitations and of the list behind them. Auktia adds the House’s and Auktia’s postal addresses and an unsubscribe link to each invitation, honors every unsubscribe, sends no one more than one invitation from a House in any 30 days, and may limit how many invitations a House sends, or decline to send them.
• How Auktia uses a list. Auktia uses a House’s list only to send that House’s invitations and to connect invited customers who join Auktia with that House, so that they follow it. Auktia does not sell, rent or share a House’s list, and does not use it for any other House or for Auktia’s own marketing. A House’s list is visible only to that House’s team and to Auktia staff, for support, for compliance and to investigate complaints. A House sees how many of its invited customers have joined, not who.
• Removal and records. When a House removes someone from its list, Auktia stops inviting them and no longer shows them to the House, but keeps the record of the upload and of whom it invited and when, so it can show that invitations were sent lawfully and keep honoring unsubscribes. Unsubscribes are kept permanently.
• Responsibility. The House’s indemnity under Section D5 covers any claim, complaint, fine or penalty arising from a list the House uploads or from invitations sent at its request. Auktia may remove a list, stop a House’s invitations, or suspend the House if a list or its use breaches this Section.

C8. Lots, Premises and Insurance

The House bears all risk of loss of and damage to its Lots until risk passes to the buyer under Section B11, and is solely responsible for its premises, previews, pickups, staff and shipping, and for any injury, loss or damage arising from them or from any Lot. Auktia does not insure any Lot, premises or activity. The House is responsible for maintaining whatever insurance it considers appropriate for its business.

C9. Card and Bank Payments

• To accept payments through the Service, the House connects its own Stripe account and agrees to Stripe’s terms for it (including the Stripe Connected Account Agreement). Stripe, not Auktia, verifies the House’s business, holds its balance and pays out to its bank on Stripe’s schedule. Auktia is not a bank, money transmitter, payment processor or escrow agent, and never receives or holds buyers’ payments. Auktia is not liable for any act or omission of Stripe, including any hold, reserve, delay, freeze or termination of the House’s Stripe account.
• When a winner pays on Auktia by card, or by bank (ACH) where your account accepts it, the payment is made to your House’s own Stripe account. Your House is the merchant of record: your name is on the buyer’s statement, and the sale is between you and the buyer. Winners can pay only after the sale has closed, and only the amount Auktia works out from your sale’s settings and results.
• Stripe charges its processing fees to your Stripe account, under your agreement with Stripe. Auktia’s platform fee (your plan’s commission on the hammer, or your per-sale fee) is taken from each payment as it is made. It counts toward that auction’s fee, so it is never charged twice (see Fees and billing).
• Refunds, disputes and chargebacks are between the buyer, your House and Stripe, and are settled from your Stripe balance. You answer disputes, and you bear chargebacks, reversals and any negative balance on your Stripe account. When you refund a payment, Auktia’s platform fee on it is not refunded.
• If a buyer pays twice for the same invoice, Auktia refunds the second payment in full, including Auktia’s fee. A payment taken through Stripe cannot be marked unpaid; it can only be refunded.
• You may instead let winners pay you directly: in cash, by check or wire, or through your own processor. Those payments are between you and the buyer. Mark them paid in Settlement; Auktia’s fee on them is charged to your card on file after the auction closes (see Fees and billing).

C10. Fees and Billing

• Your House pays Auktia the fees of the plan it is on, as shown on our pricing page and in your saleroom, plus any add-ons it takes and any other fees Auktia agrees with you in writing. On the monthly plans (Rookie, Minor and Major), the monthly fee is a flat fee, charged in addition to the commission. Pinch Hitter has no monthly fee, charges a fee for each sale, and allows two sales. Add-ons include Unlimited scanning and consulting. Where Auktia has given your House its own terms or free auctions, those apply for as long as they last.
• Auktia’s fees are plus sales tax where it applies. For a House in Texas, Auktia adds Texas sales tax on its fees as one line on your monthly bill: the tax rate on 80% of that month’s Auktia fees (commission, per-sale fees, plan and add-ons), as Texas law requires. Sales tax on your own sales to bidders stays yours to charge, collect and pay.
• Commission is worked out on the hammer price only. The buyer’s premium, sales tax and shipping never count. It is owed on every lot sold on Auktia, however the winner pays. If a winner never pays and you cancel the sale of that lot, tell us: Auktia may credit the commission on it.
• You keep a valid payment card on file with Auktia, and you authorize Auktia to charge it automatically, without asking you each time, for everything your House owes Auktia. In particular, you authorize Auktia to:
  • place an authorization hold on your card on file when each of your auctions closes, for up to the full fee for that auction (its commission, or its Pinch Hitter fee);
  • capture from that hold, within 7 days of the auction’s close, any amount owed for that auction;
  • if a hold expires, can’t be placed or doesn’t cover what is owed, charge the amount owed to your card on file, or to any other card your House keeps on file with Auktia, while you are not present;
  • charge your plan’s monthly fee and add-ons (such as Unlimited scanning and consulting) on the 1st of each month; and
  • charge any other amounts your House owes Auktia.
  This authorization lasts until your House has closed its account and paid everything it owes.
• How each auction is charged. When an auction closes, Auktia places a hold on your card for its fee. About 4 days later, we charge only what is still owed after card and bank payments made through Auktia (Auktia’s fee on those is taken from each payment automatically), and release the rest of the hold; if nothing is owed, we release all of it. A hold is not a charge, but until it is released it can use up some of the credit available on your card. If a winner pays by card after we have charged an auction’s fee, Auktia’s fee on that payment is credited on your next monthly bill, so it is never charged twice.
• How the monthly plan is charged. On the 1st of each month, Auktia charges your plan’s monthly fee for the month before, and your add-ons. Your first month is prorated from the day you first publish a sale; plan changes apply from the next month. A bill is never less than zero; unused credit carries to the next bill. You can see each auction’s charge and each bill, line by line, in your saleroom.
• Scanning. Each monthly plan (Rookie, Minor and Major) includes 50 scans a month, where a scan is an Amazon warehouse sticker lookup or an AI photo identification; unused scans don’t carry over. Pinch Hitter includes none. Unlimited scanning, an add-on at the price shown on our pricing page and in your saleroom, covers both. Your House’s owner may turn it on at any time: it starts straight away and is charged from that day, prorated for the rest of that month, and then monthly. If the owner turns it off, it stays on, and is charged, through the end of that month, and stops after.
• Cancelling doesn’t cancel what is owed. Cancelling your plan, closing your account or removing a card does not cancel amounts owed for auctions already run, or your plan and add-ons for the time you had them.
• If a hold or a charge fails, your House cannot publish new sales until what it owes is paid. We will email you; when you update your card, Auktia tries the failed hold or charge again straight away, and Auktia (through Stripe, our payment processor) may also retry it. Sales already published are not affected. An unpaid balance remains a debt your House owes: Auktia may suspend the House’s account and pursue collection of unpaid fees.
• You need a card on file before you publish your first sale. Keep it current, and tell us promptly if it changes or is cancelled; you can update it at any time from My auctions.
• Fees are in US dollars and do not include any tax that applies to them. Fees paid are not refundable, except where Auktia made a billing error. If you think a charge or a bill is wrong, tell us within 60 days of the charge; we will correct any error and credit or refund the difference.
• Auktia may change its plans and fees. We will email your House at least 30 days before a change that raises what it pays. New fees apply to sales that close after the change takes effect.
• Questions about a bill go to auktiasupport@gmail.com.

C11. Auktia’s Remedies

Without limiting Section A12, Auktia may remove Lots, cancel results, withhold or delay publication, suspend Sales, and suspend or terminate a House for suspected fraud, shill bidding or collusion, non-delivery, unpaid Fees, buyer complaints, any breach of the Terms, or legal or reputational risk to Auktia, in its sole discretion.

Part D. Disclaimers, Limitation of Liability, Release and Indemnification

D1. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, AND ALL CONTENT, LISTINGS, TOOLS, DATA AND INFORMATION ON OR THROUGH IT, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. AUKTIA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AUKTIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY BID, MESSAGE OR PAYMENT WILL BE RECEIVED, PROCESSED OR DELIVERED; THAT ANY DEFECT WILL BE CORRECTED; OR THAT ANY LOT IS AS DESCRIBED, GENUINE, SAFE, LAWFUL, OR WILL BE DELIVERED. AUKTIA MAKES NO WARRANTY ABOUT ANY LOT, AND ANY WARRANTY ABOUT A LOT IS GIVEN, IF AT ALL, SOLELY BY THE HOUSE.

D2. No Responsibility for Users, Lots or Sales

Auktia is not responsible or liable for any act or omission of any House, Bidder, consignor, carrier or other third party, including any misdescription, non-delivery, non-payment, cancellation, defect, injury, infringement, tax or regulatory violation, or any other conduct in connection with any Lot or Sale. Any dispute about a Lot or Sale is solely between the Bidder and the House.

D3. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL AUKTIA OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (THE “AUKTIA PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL OR DATA, OR ANY COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE TERMS, THE SERVICE, ANY BID, LOT OR SALE, OR ANY USER’S CONDUCT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL AGGREGATE LIABILITY OF THE AUKTIA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (1) THE FEES YOU PAID TO AUKTIA IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, AND (2) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations apply even if a remedy fails of its essential purpose, and are an essential basis of the bargain between you and Auktia; Auktia would not provide the Service without them. They do not limit liability that cannot be limited under applicable law.

D4. Release

Disputes between Users, including between Bidders and Houses, are solely between them. To the fullest extent permitted by law, you release and forever discharge the Auktia Parties from all claims, demands, losses and damages of every kind, known or unknown, arising out of or relating to any dispute with any other User or third party, or any Lot or Sale. If you are a California resident, you waive California Civil Code Section 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,” and any similar law of any other jurisdiction.

D5. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Auktia Parties from and against all claims, demands, actions, losses, liabilities, damages, judgments, settlements, fines, penalties, taxes, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) your breach of the Terms; (b) your use of the Service; (c) your bids, purchases, Listings, Lots, Sales or Content; (d) your violation of any law or of any person’s rights; and (e) any dispute between you and any other User or third party.

Each House additionally will defend, indemnify and hold harmless the Auktia Parties from and against all of the foregoing arising out of or relating to: its Lots (including any claim of personal injury, death, property damage, product defect or recall, counterfeiting, infringement or defective title); its Listings, whether or not generated with Auktia’s tools; its Sales, House Terms, premises, pickups, shipping, refunds and chargebacks; its consignors; the customer lists it uploads and the invitations sent at its request; its taxes; its licensing and regulatory compliance; its use of Bidder data; and the acts and omissions of its House Personnel.

Auktia may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate in it. You may not settle any matter that affects any Auktia Party without Auktia’s prior written consent.

D6. Rights That Cannot Be Waived

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the exclusions and limitations in this Part apply to the fullest extent permitted by law. Nothing in the Terms limits any right you have under consumer protection law that cannot be waived or limited by contract.

Part E. Dispute Resolution; Arbitration Agreement; Class Action Waiver

PLEASE READ THIS PART CAREFULLY. IT REQUIRES YOU AND AUKTIA TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS.

E1. Informal Resolution First

Before starting an arbitration or court proceeding, the party bringing a claim must send the other a written notice stating the claimant’s name and account email, a description of the dispute and the relief sought. Notices to Auktia go to the address in Section F11 and to auktiasupport@gmail.com; Auktia will send notices to your account email. The parties will try in good faith to resolve the dispute within 30 days after the notice is received, which may include a telephone or video conference. Limitations periods are tolled during that 30-day period. Compliance with this Section is a condition to starting arbitration.

E2. Agreement to Arbitrate

Except as provided in Section E4, you and Auktia agree that any dispute, claim or controversy arising out of or relating to the Terms, the Service, any bid, Lot or Sale, or the relationship between you and Auktia, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before or after you accepted the Terms (a “Dispute”), will be resolved exclusively by final and binding individual arbitration, and not in court. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this arbitration agreement, except that a court decides disputes about Sections E5 and E6. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

E3. Rules, Location and Fees

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules if you use the Service as an individual for personal purposes, or its Commercial Arbitration Rules if you use it for a business (including as a House), as modified by this Part. A single arbitrator will decide the Dispute. Hearings may be conducted by video or telephone; any in-person hearing will take place in the county where you reside (for individual consumers) or in Harris County, Texas (for business Users). For claims governed by the Consumer Arbitration Rules, Auktia will pay the filing, administration and arbitrator fees that exceed what you would pay to file in court, unless the arbitrator finds the claim frivolous or brought for an improper purpose. For other claims, fees are allocated under the AAA’s rules. The arbitrator may award any individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

E4. Exceptions

• Either party may bring an individual action in small-claims court if it qualifies and remains there.
• Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of intellectual property rights, or misuse of the Service (including scraping and attacks on its security).
• Auktia may bring an action in court to collect unpaid Fees or other amounts owed by a House.
• This Part does not govern disputes between Bidders and Houses, which are between them under the House Terms and applicable law.

E5. Class Action and Jury Trial Waiver

YOU AND AUKTIA MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. If a court finds this waiver unenforceable as to any claim, that claim alone will be severed and decided in court after the individual arbitration of all other claims is complete. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND AUKTIA EACH WAIVE THE RIGHT TO A JURY TRIAL.

E6. Mass Arbitration

If 25 or more similar demands for arbitration against Auktia are filed by or with the assistance of the same law firm, group of law firms or organization within any 90-day period, the AAA will administer them in batches of up to 50 demands each, each batch before a single arbitrator, under the AAA’s procedures for mass arbitrations, and limitations periods for demands awaiting administration are tolled.

E7. Right to Opt Out

You may opt out of this arbitration agreement within 30 days after you first accept the Terms (or any earlier version containing an arbitration agreement) by emailing auktiasupport@gmail.com or writing to the address in Section F11 with your name, your account email and a clear statement that you opt out of arbitration. Opting out does not affect any other part of the Terms.

E8. Changes to This Part

If Auktia changes this Part, the change will not apply to any Dispute of which you notified Auktia before the change took effect, and you may reject the change by notifying Auktia within 30 days after it takes effect, in which case the version of this Part you last accepted continues to apply.

E9. Governing Law; Venue; Time Limit

The Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and, as to this Part, by the Federal Arbitration Act. Any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Harris County, Texas, and you and Auktia consent to their personal jurisdiction and venue. To the fullest extent permitted by law, any claim arising out of or relating to the Terms or the Service must be brought within one (1) year after it arose, or it is permanently barred.

E10. Severability of This Part

If any provision of this Part (other than Section E5) is found unenforceable, it will be severed and the rest of this Part will remain in effect. If Section E5 is found unenforceable in its entirety, this Part (other than this sentence and Section E9) will not apply to any class or representative claim.

Part F. General Provisions

• F1. Entire agreement; order of precedence. The Terms, the House Terms for a Sale (as between a Bidder and a House) and any written agreement signed by Auktia and a House are the entire agreement concerning the Service and supersede all prior agreements and understandings. If there is a conflict, the Terms control over House Terms; a written agreement signed by Auktia controls over the Terms only where it expressly says so, and only for the House that signed it.
• F2. Assignment. You may not assign or transfer the Terms or any right or obligation under them, by operation of law or otherwise, without Auktia’s prior written consent; any attempt to do so is void. Auktia may assign the Terms without restriction, including in connection with a merger, acquisition, reorganization or sale of assets.
• F3. Severability; no waiver. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Auktia’s failure to enforce any provision is not a waiver of it.
• F4. Force majeure. Auktia is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, utility, power, internet or telecommunications failures, cyberattacks, and failures of hosting, payment, messaging or other third-party providers.
• F5. Relationship; third-party beneficiaries. You and Auktia are independent contractors. Nothing in the Terms creates any partnership, joint venture, agency, franchise, fiduciary or employment relationship. There are no third-party beneficiaries of the Terms, except that the Auktia Parties are intended beneficiaries of Part D.
• F6. Notices. Auktia may give notice by email to the address on your account, through the Service, or by mail, and notice is effective when sent or posted. You must give notice to Auktia as stated in Section F11.
• F7. Collection costs and interest. Amounts owed to Auktia that are not paid when due bear interest at the lesser of 1.5% per month and the maximum rate permitted by law, from the due date until paid. You will reimburse Auktia for all reasonable costs of collecting amounts you owe, including attorneys’ fees, court costs and collection-agency fees.
• F8. Export and sanctions. The Service is operated from the United States and intended for use there. You represent that you are not located in, or a resident or national of, any country subject to comprehensive U.S. sanctions, and are not on any U.S. government list of prohibited or restricted parties, and you will comply with all applicable export and sanctions laws.
• F9. Interpretation. Headings are for convenience only. “Including” means “including without limitation.” The word “or” is not exclusive. The Terms will not be construed against the drafter. Summaries and help pages are for convenience and do not modify the Terms.
• F10. Survival. Provisions that by their nature should survive termination survive it, as stated in Section A12.

F11. Contact

Notices, questions about the Terms and arbitration opt-outs should be sent to:

Email: auktiasupport@gmail.com