EXZATO

Exzato Terms of Service

Last updated: July 19, 2026 · Effective: July 19, 2026

These Terms of Service (“Terms”) are a binding agreement between you and Exzato LLC, an Iowa limited liability company (“Exzato,” “we,” “us,” “our”), governing your use of the Exzato website, mobile applications, and related services (the “Service”). These Terms contain a binding arbitration agreement and class-action waiver (Section 20) with a 30-day opt-out. By clicking to accept, creating an account, or using the Service, you affirmatively agree to these Terms and to our Privacy Policy, which is incorporated by reference. We record your acceptance. If you do not agree, do not use the Service.

1. Eligibility & Geographic Availability

You must be at least 18 and able to form a binding contract. The Service is offered only to persons resident and physically located in the United States, excluding California and New York. You may not use a VPN or other means to disguise your location to access the Service from an ineligible location; doing so is a material breach, and we may suspend or terminate your account and, to the extent permitted by law, reverse related transactions. Excluding a state does not waive any right applicable law makes non-waivable. We may add or remove eligible locations at any time and may require you to re-accept updated Terms.

2. Exzato Is a Venue — Not the Seller and Not a Party to Transactions

Exzato is an online venue and intermediary that allows users to list, bid on, buy, and sell vehicles and automotive parts. Exzato is not the seller, buyer, broker, dealer, or auctioneer of the items listed and is not a party to any transaction between a buyer and a seller. Every sale contract is formed directly between buyer and seller. Exzato does not take title to, take possession of, inspect, store, authenticate, or guarantee any item, and does not control or warrant the existence, quality, safety, legality, or accuracy of any listing.

Payments are handled by one or more licensed providers, not by Exzato. Exzato does not hold, take custody of, or control user funds in its own accounts. All payment processing, fund holding, and payouts are performed by licensed third-party providers (each, as applicable to a transaction, the “Payment Provider”): payments and memberships are processed by Stripe, Inc., and marketplace sale funds may instead be held in escrow by a licensed escrow provider — which may be Internet Escrow Services, Inc. (operator of Escrow.com), a licensed and bonded escrow company — as shown at checkout for your transaction. For payment purposes only, each seller appoints Exzato as the seller’s limited agent to direct the applicable Payment Provider to collect payment from buyers on the seller’s behalf and to set the timing of its release; the seller holds Exzato out to buyers as authorized to do so, and a buyer’s payment to the Payment Provider is treated as payment to the seller. This is for payment facilitation only and does not make Exzato a party to the sale.

Release. To the extent permitted by applicable law, you release Exzato from claims arising out of disputes with other users. This release does not apply to any right or remedy that applicable law makes non-waivable and does not limit the dispute and buyer-protection processes in these Terms.

3. Accounts

You must provide accurate, current, complete information, keep it updated, and maintain only one account per person. You are responsible for safeguarding your credentials and for activity under your account, and must notify us promptly of unauthorized use. We record your acceptance of these Terms. We may refuse, reclaim, suspend, restrict, or terminate any account and remove content at our reasonable discretion, including for violations, suspected fraud, non-payment, chargeback abuse, or risk to the community, with or without notice.

4. How Auctions Work — Bids Are Binding

Each bid is a binding, irrevocable offer to purchase at the bid price, subject to these Terms and to the dispute and buyer-protection processes. By bidding you enter into a contract with the seller that becomes a completed sale obligation if you are the winning bidder (subject to Section 6). Bids must meet minimum increments; anti-sniping protection may extend a listing’s end time when bids are placed near close; you may not bid on your own listing or use others to inflate bids (“shill bidding”); and bids cannot be retracted except in extraordinary circumstances at Exzato’s sole discretion.

5. No-Reserve Listings — Binding Sale

A no-reserve listing is a binding offer to sell to the highest bidder at any price. When the auction closes with at least one valid bid, the seller is obligated to complete the sale at the highest bid and may not decline it. Sellers wanting a minimum should use a reserve listing.

6. Reserve Listings — Confidential Reserve & 24-Hour Seller Window

A seller may set a confidential reserve (never disclosed to bidders; bidders see only whether it is met). When a reserve listing closes, the highest bidder is locked in for 24 hours and the seller may Accept (sale finalized; buyer invoiced) or Decline (no sale; bidder released; seller may relist). If the seller does not respond within 24 hours, the listing closes with no winner and the bidder is released. If the reserve was met and the auction closes successfully, the buyer is invoiced.

7. Winning, Payment & Non-Payment

When you win, you must pay the total due within 24 hours: winning bid + the applicable buyer’s premium under the fee schedule shown at checkout (Section 8) + any applicable shipping, processed through the applicable Payment Provider. Non-payment is a serious breach: any security deposit on file may be forfeited as a reasonable pre-estimate of damages (not a penalty), buyer privileges may be revoked, the account may be banned, and the seller may relist. You agree not to initiate a chargeback for any matter covered by Exzato’s dispute and buyer-protection process; doing so instead of using that process, or in bad faith, is a breach. Nothing in these Terms waives any right you have under the Fair Credit Billing Act, Regulation Z, or applicable card-network rules.

8. Fees — Buyer’s Premium & Seller Fee

Exzato charges a buyer’s premium — a percentage of the winning bid, added at checkout and capped at a fixed dollar amount — and, depending on the fee model then in effect, a seller fee deducted from the sale price; under some fee models sellers pay no fee at all and keep 100% of the sale price. The exact percentages, dollar caps, who pays them, and any payment-processing or escrow-service fees are disclosed as the current fee schedule shown at checkout before you confirm. Fees are non-refundable except as stated or required by law. We may change fees prospectively with notice.

Taxes. Exzato does not provide tax advice; buyers and sellers are responsible for determining and satisfying their own tax obligations. Vehicles: the buyer is solely responsible for all sales/use taxes, title transfer, registration, and government fees on any vehicle purchased through the Service, which are typically assessed and paid to the buyer’s state titling authority (DMV) at the time of registration; Exzato does not collect or remit vehicle sales tax. Parts and other goods: where required by applicable marketplace-facilitator laws, Exzato (through its Payment Provider) may calculate, collect, and remit sales tax on taxable transactions based on the buyer’s location; where Exzato does not collect, the buyer remains responsible for any applicable sales or use tax owed in the buyer’s jurisdiction. Sellers are responsible for all income and other taxes arising from their sales.

8.1 Paid Listing Promotions (Boosts)

Exzato offers optional paid listing promotions (“boosts”) that increase a listing’s placement or visibility in browsing and discovery surfaces. Boosts are purchased through Apple App Store or Google Play billing, and the applicable app store’s own terms and refund policies govern those purchases; Exzato does not process boost payments directly. Boosts affect placement and visibility only — they never affect auction outcomes, bids, reserves, timing, or prices, and they are not an endorsement or verification of any listing. Exzato may remove a promotion from any listing that violates these Terms or is removed for a violation; no refund is due where removal results from a violation. Except as required by law or the applicable app store’s policies, boost purchases are non-refundable and expire with the listing they promote.

9. Bidding Power Membership, Free Tier & Security Deposit — Automatic Renewal

Free accounts may bid on up to 1 active listing at a time, up to $2,000. Bidding Power is an optional $9.99/month membership that, with the refundable deposit below, lets identity-verified buyers bid on up to 10 active listings simultaneously and up to $250,000 total. It is participation in our physical-goods marketplace; it does not provide digital content or unlock app features.

Automatic renewal — please read. Before you are charged, we disclose the price ($9.99), the monthly billing frequency, and that the membership automatically renews until cancelled, and we obtain your separate affirmative consent to enroll. Your payment method will be charged $9.99 each month until you cancel. You may cancel at any time by a method at least as easy as how you signed up, including online in the Bidding Power section, or by emailing support@exzato.com. Cancellation stops future renewals at the end of the current billing period. We will provide renewal and price-change notices as required by law. Fees already charged are not pro-rated except where required by law.

Security deposit. Bidding Power requires a one-time $250 refundable deposit, held by our Payment Provider (not by Exzato) without interest as security for your bidding obligations. It is fully refundable on cancellation in good standing with no outstanding invoices or disputes. If you win and fail to pay within 24 hours, the deposit is forfeited as a reasonable pre-estimate of damages and buyer privileges are revoked (Section 7).

10. Payments, Buyer Protection & Fund Release

Exzato never holds your money. All funds are received, held, and disbursed by the applicable Payment Provider (Section 2) — Stripe, Inc. or, where escrow is used for a transaction, a licensed escrow provider such as Internet Escrow Services, Inc. (Escrow.com), as shown at checkout — not by Exzato, and are held without interest and not for Exzato’s own account. Exzato is not a bank, trustee, fiduciary, money transmitter, escrow agent, or insurer, does not extend credit, and is not obligated to advance or guarantee any amount from its own funds. Exzato’s only role is to instruct the Payment Provider, as the seller’s limited payment agent, on the timing of release.

How funds flow. For every payment method — card, bank debit (ACH), and wire/bank transfer — the sale proceeds are processed and held by the Payment Provider shown at checkout for your transaction: either (a) Stripe, with the seller’s net proceeds (the winning bid less any seller fees under the fee schedule then in effect) held in the seller’s own connected Stripe account, which is set to manual payout, with Exzato directing the timing of release; or (b) a licensed and bonded escrow company (such as Internet Escrow Services, Inc., operator of Escrow.com), which holds the funds in escrow under its own escrow instructions and general escrow terms in addition to these Terms. In either case the proceeds are never in an Exzato account, Exzato’s fees are collected by the Payment Provider at the time of sale, and the seller receives its net proceeds only on release.

Buyer protection. To protect buyers from non-delivery or misrepresentation, the proceeds are held until release. The buyer taps “Confirm Receipt” (acknowledging physical receipt only; this does not release payment) and then has 72 hours to inspect and tap “Complete Order,” which releases payment to the seller; absent action or dispute, payout releases automatically 72 hours after confirmation, or as a safety net 45 days after shipment for vehicles / 21 days for parts if receipt is never confirmed. Sellers must maintain a valid connected payout account.

Disputes. A buyer may open a dispute before funds are released; doing so freezes the proceeds until Exzato issues a resolution (full refund, partial refund, or release), which Exzato directs solely as the seller’s limited payment agent and the Payment Provider executes. Exzato aims to resolve disputes within 60 days; funds may remain held until resolution, up to 180 days. Exzato’s in-platform resolution is final as to release of held funds but does not limit rights you have under applicable law.

11. Shipping & Delivery — Seller Responsibility

Each seller is responsible for delivering or shipping its own listing, except for buyer-pays vehicle transport. For vehicles, transport is by the seller (seller-pays) or arranged and paid by the buyer with the seller providing accurate pickup instructions. For parts, the seller sets shipping cost and is responsible for packaging and shipping. Sellers must confirm shipment or pickup availability within 30 days of payment; failure may result in an automatic refund and listing removal. Title transfer, registration, taxes, DMV paperwork, and federal odometer (Truth in Mileage Act) disclosure are the responsibility of the buyer and seller, not Exzato.

12. Seller Listing Requirements & Legal Compliance

Legality and legal compliance of any listing are the seller’s sole responsibility. By listing, the seller represents and warrants that: it owns the item free and clear or has full authority to sell it and can convey good title held in the seller’s name; all descriptions, photos, VINs, mileage, condition, and title status are accurate and depict the actual item; for vehicles, it complies with the federal Truth in Mileage Act and all odometer-disclosure requirements and provides a truthful reading; it discloses any salvage, rebuilt, branded, flood, lemon-law, or otherwise non-clean title; it complies with all laws governing the sale, transfer, transport, emissions, and safety of the item; and it holds any license its selling activity requires under applicable law. Sellers may participate as private parties or as licensed dealers or businesses. Whether a seller’s activity requires a dealer license is governed by the seller’s state, and the seller — not Exzato — is solely responsible for compliance with dealer-licensing and anti-curbstoning laws. Exzato is a neutral venue: it does not restrict how many vehicles or parts a user may list or sell based on licensing status, and it does not monitor, verify, or enforce any user’s licensing compliance. Exzato nevertheless reserves the right, in its sole discretion, to require proof of any dealer/auction/business license, remove listings, restrict or ban accounts, and report suspected violations to authorities.

12.1 VIN Decoding & Vehicle Data — Informational Only

The Service may display vehicle information derived from a VIN (such as make, model, year, and specifications) sourced from third-party databases, including government sources such as the U.S. National Highway Traffic Safety Administration (NHTSA) and, where available, NMVTIS-based or other commercial vehicle-data providers. This information is provided for convenience and informational purposes only. Exzato does not create, verify, or guarantee the accuracy, completeness, or currency of any third-party vehicle data, and such data does not modify a seller’s disclosure obligations under Section 12 or substitute for a buyer’s own due diligence. Buyers remain solely responsible for independently verifying a vehicle’s history, title status, mileage, and condition before bidding (Section 17).

Badges & Indicators. Badges shown in the Service are informational only: “VIN Decoded” means the listing’s VIN was checked against public NHTSA data to confirm basic vehicle specifications (year, make, model) — it is not a title, theft, condition, or history check; “Verified” indicates an identity-verified active Bidding Power member; “FOUNDER” indicates an early supporter of the platform; “Featured” indicates paid or promotional placement and is not an endorsement of the listing. Badges are not guarantees; always perform your own due diligence.

13. Prohibited Items

You may not list, sell, or offer: stolen vehicles/parts or items with altered/removed/mismatched VINs; recalled, salvaged, or counterfeit airbags or airbag components; emissions defeat devices, delete kits, or illegal tuners in violation of the Clean Air Act or EPA/CARB rules; counterfeit or fraudulently described parts; items illegal to sell, possess, transfer, or transport; or non-automotive items except where expressly approved. This list is not exhaustive. Exzato may remove listings, suspend or ban users, and report to authorities, and uses automated and human screening to enforce this Section.

14. Prohibited Conduct

You agree not to: use the Service unlawfully or fraudulently; circumvent the Payment Provider or solicit off-platform payment to avoid fees or buyer protections; manipulate bids or feedback; harass, threaten, or abuse others; post content that is defamatory, obscene, discriminatory, or unrelated to automotive topics; scrape, reverse-engineer, or interfere with the Service; upload malware; or infringe others’ rights. Group hosts must moderate their groups consistent with these Terms.

15. User Content & License; DMCA

You retain ownership of content you submit (photos, videos, descriptions, posts, and messages). You grant Exzato a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, display, distribute, and adapt your content solely to operate, improve, and promote the Service. This license ends for new uses when you delete your content or account, except for residual backups for a reasonable period and content already shared with other users. You represent you have all necessary rights and that your content does not infringe. Content must be automotive-related and depict the actual item being sold.

DMCA Notice-and-Takedown. Exzato respects intellectual property and complies with the Digital Millennium Copyright Act. Exzato has registered a designated agent with the U.S. Copyright Office to receive notifications of claimed infringement. Designated agent: DMCA Agent, Exzato LLC, 421 West Broadway Ste 302 #847, Council Bluffs, IA 51503; email dmca@exzato.com (U.S. Copyright Office Designated Agent Registration No. DMCA-1074687). To report material you believe infringes your copyright, send a written notice to the designated agent above (email subject: “DMCA Notice”) that includes: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of them; (3) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address; (5) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification. If your content was removed or disabled and you believe it was the result of a mistake or misidentification, you may send a written counter-notification to the designated agent above that includes: (1) your physical or electronic signature; (2) identification of the material that was removed or disabled and the location at which it appeared before it was removed or disabled; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Exzato may be found), and that you will accept service of process from the person who provided the original notice or that person’s agent. If we receive a valid counter-notification, we may restore the removed material in 10–14 business days unless the original complainant first notifies our designated agent that it has filed a court action seeking to restrain the allegedly infringing activity.

Repeat Infringers. Exzato has adopted and reasonably implements a policy that provides for terminating, in appropriate circumstances, the accounts of users who are repeat infringers. Knowingly making a material misrepresentation in a notice or counter-notification may result in liability for damages under 17 U.S.C. § 512(f).

16. Content Moderation

Exzato uses automated tools and human review and reserves the right, but assumes no obligation, to monitor, screen, or remove content or accounts that violate these Terms, with or without notice. If your content or account is actioned, you may receive an in-app notice and may contact support@exzato.com to appeal; we will consider timely appeals, and our moderation decisions are otherwise final within the platform.

17. As-Is Sales, Buyer Due Diligence & Disclaimer of Warranties

The Service and all content and items are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent such warranties cannot be disclaimed under applicable law. Exzato does not warrant that the Service will be uninterrupted, secure, or error-free, and as a venue makes no warranty regarding any item or user. All sales are as-is, where-is, and final between buyer and seller; each bidder is solely responsible for investigating a listing before bidding and for arranging any inspection, and assumes all risk of defects, misrepresentations, or title problems, which are matters between buyer and seller. Some jurisdictions do not allow certain exclusions, so some may not apply to you, and this Section does not affect non-waivable consumer rights.

18. Limitation of Liability

To the maximum extent permitted by law, Exzato and its members, managers, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising from the Service or any transaction between users; and Exzato’s total aggregate liability for any claim is limited to the greater of $100 or the total fees you paid Exzato in the 12 months before the event, even if a remedy fails of its essential purpose. These limitations do not apply to liability for fraud, willful misconduct, gross negligence, death or personal injury caused by Exzato, or any liability that cannot be limited under applicable law.

19. Indemnification

You agree to defend, indemnify, and hold harmless Exzato and its members, managers, officers, employees, and agents from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your listings, content, or transactions, your violation of these Terms or any law, or your infringement of any third-party right, except to the extent arising from Exzato’s own gross negligence or willful misconduct. Exzato may assume the exclusive defense of any matter subject to indemnification, and you will cooperate.

20. Binding Arbitration & Class-Action Waiver

Please read carefully — this affects your legal rights. Except for the carve-outs below, you and Exzato agree that any dispute relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the AAA under its Consumer Arbitration Rules, seated in Iowa. Delegation: the arbitrator decides all issues, including arbitrability, except that a court decides the enforceability of the class-action waiver. Class-action waiver: claims may be brought only individually, not as a plaintiff or class member in any class, collective, or representative proceeding. Mass arbitration: if 25 or more similar demands are filed by or with coordinated counsel, they will be administered in staged bellwether batches. Carve-outs: either party may bring an individual small-claims action and may seek injunctive relief in Iowa courts to protect intellectual-property or account-security rights. Opt-out: you may opt out within 30 days of first accepting these Terms by emailing support@exzato.com with your account email and “I opt out of arbitration.” If the class-action waiver is found unenforceable as to any claim, the arbitration agreement is void as to that claim only, which proceeds in court.

21. Governing Law & Venue

These Terms and any dispute are governed by Iowa law and applicable U.S. federal law (including the Federal Arbitration Act), except where a consumer’s mandatory home-state consumer-protection rights apply. To the extent a matter is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Iowa, subject to that exception.

22. Termination & Suspension

You may close your account at any time. We may suspend or terminate access at any time, with or without notice, for any violation or to protect the Service or its users. Obligations that by their nature should survive — including completed-transaction obligations, fees owed, and Sections 2, 8, 10, 12, 15, 17–21, and 25 — survive termination.

23. Changes to These Terms

We may update these Terms. For material changes we will notify you via in-app notice or email and update the “Last updated” date; your continued use after the effective date constitutes acceptance, and if you do not agree you must stop using the Service.

24. Contact

Exzato LLC
421 West Broadway, Ste 302 #847
Council Bluffs, Iowa 51503, USA
General: support@exzato.com
DMCA: dmca@exzato.com

25. General

If any provision is unenforceable, the rest remains in effect (severability). You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays due to events beyond its reasonable control (force majeure). These Terms and the Privacy Policy are the entire agreement regarding the Service. Our failure to enforce a provision is not a waiver. Notices to you may be given in-app or by email; notices to us go to the address above.