Welcome to ExitBid.io ("Platform", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of the ExitBid.io website, services, and all related tools and features.
By creating an account or using our Platform, you agree to be bound by these Terms. If you do not agree, do not use ExitBid.io.
ExitBid.io is a digital service platform that provides a paid listing service to founders selling online businesses. Our service includes manual listing review, auction-style listing presentation, buyer Q&A moderation, and access to a post-auction deal room. We are not a party to the actual business sale transactions between buyers and sellers - those occur directly between the parties through independent escrow services.
ExitBid is a digital service operated by its founder. All operations are conducted online; ExitBid does not maintain a physical storefront. Payment processing is handled by Merchant of Record providers who appear as the seller of record on buyer receipts and handle global tax compliance.
General contact: support@exitbid.io
Legal / compliance contact: support@exitbid.io
Privacy & data requests: support@exitbid.io
You must be at least 18 years of age to create an account and use the Platform. By registering, you represent and warrant that you meet this requirement and have the legal capacity to enter into binding agreements.
You agree to provide accurate, current, and complete information during registration and to update such information as necessary. ExitBid.io reserves the right to suspend or terminate accounts with inaccurate or misleading information.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at support@exitbid.io if you suspect unauthorized access.
Sellers pay a one-time listing fee per listing, as displayed at the time of submission. This fee is non-refundable except as described in Section 8 (Money-Back Guarantee).
Scope of the Service. The listing fee purchases ExitBid's service: moderation review, publication of the listing, hosting of the 5-day auction, buyer Q&A moderation, listing analytics, and access to the post-auction deal room. It does not purchase a sale, a bid, or any particular auction outcome (Section 4.6), and it is not a payment toward the purchase price of any business. The date on which this Service is rendered is defined in Section 4.5.
All auctions run for a standard period of 5 days from the moment the listing is approved and published. Deadline-extension protection is automatically applied on last-minute bids to prevent sniping.
All listings undergo a manual moderation review before publication. The review screens listings for compliance with our guidelines and overall Platform quality, and may include requesting supporting documentation from the Seller. We reserve the right to reject any listing at our sole discretion.
As part of the review, Sellers may be asked to provide supporting documentation for the claims made in their listing - including revenue, traffic, and ownership - in a form ExitBid considers sufficient. The scope and depth of the review vary by listing and remain at ExitBid's sole discretion.
Moderation review is a screening step performed for Platform-quality purposes only. It is not an audit, valuation, or independent verification of any listing information, and does not constitute an endorsement, warranty, or guarantee by ExitBid of any listing's accuracy or completeness. Sellers remain solely responsible for the accuracy of the information they submit (Section 13.3), and Buyers remain responsible for their own independent due diligence before placing or increasing a bid (Section 5.6).
Typical moderation turnaround is approximately 24 business hours from the time of complete submission. Complex or flagged cases may require additional review time.
ExitBid.io maintains a maximum of 14 active auction slots at any time. Listings are queued and published as slots become available.
ExitBid.io provides digital services only. Every element of the Service - listing review, publication, auction hosting, buyer Q&A moderation, and deal-room access - is delivered electronically through the Platform. No physical goods are shipped.
Completion of the Service. Delivery of the Service begins when the listing is published (which, under Section 4.4, occurs when an auction slot becomes available), and the Service is rendered in full upon the close of the auction period - whether or not bids were received, and whether or not the Seller and the winning Bidder subsequently complete a transfer between themselves. Continued access to the deal room after the auction has closed does not extend the Service, does not create an ongoing service obligation, and does not postpone the date on which the Service is rendered.
By listing a business on ExitBid.io, Sellers acknowledge that ExitBid does not guarantee a sale. A listing may complete the full 5-day auction period without receiving any qualifying bids, in which case the auction ends without a sale. This is a normal and expected outcome for listings. The listing fee reflects the service of publication, moderation review, and listing management - not the guaranteed outcome of a sale. ExitBid is not responsible for, and is not bound by, any representation, promise, or assurance made by any third party - including other users or persons who referred you to the Platform - that your business will receive bids or be purchased. Sellers are encouraged to review comparable listings and pricing guidance before submission.
Before placing their first bid on the Platform, registered Buyers must complete bidder verification by providing a verified email address and a phone number. Verification is free, one-time, and covers all subsequent auctions on the Platform. Verification exists to confirm that bidders are real individuals, deter automated or fraudulent bidding, and give the Platform a reliable channel to reach bidders if a winning auction needs to be completed.
Characteristics of bidder verification:
All bids are binding commitments. By placing a bid, you agree to purchase the listed business at your bid price if you are the winning bidder. Failure to complete a winning transaction may result in account suspension, permanent ban, and the second-highest bidder may be offered the opportunity to proceed.
Bids must exceed the current highest bid by at least the minimum increment displayed on the auction page. Individual bids above the minimum increment are free to place.
The highest bidder at the conclusion of the auction period wins. In the event of technical disputes, ExitBid.io's records are final. After auction close, a private deal room opens between the winning bidder and the seller; the transaction itself is completed directly between those parties through Escrow.com or another escrow service of their choice - ExitBid does not act as a party, agent, or principal in the underlying business-sale transaction.
Shill bidding is strictly prohibited on ExitBid. "Shill bidding" means placing or arranging for another person to place bids with the primary intent of artificially inflating price, simulating demand, or otherwise manipulating the auction signal - rather than with a genuine intent to purchase the listed business. Prohibited conduct includes, without limitation:
ExitBid monitors the Platform for patterns consistent with shill bidding using automated and manual detection methods, and operates a user-report mechanism. Violations may result in immediate bid cancellation, auction cancellation, account suspension, permanent ban, forfeiture of fees, reporting to payment processors, and - where applicable - referral to consumer-protection authorities.
ExitBid is a neutral hosting platform for listings and auctions. ExitBid does not place bids, does not direct Sellers or Buyers to place bids, and is not a party to the auction mechanics between users. While ExitBid maintains reasonable safeguards described in Section 5.5 and takes prompt action on credible reports of misconduct, Users acknowledge and agree that:
This allocation of responsibility is materially similar to the approach taken by major auction and marketplace platforms (including eBay, Flippa, and Catawiki), which likewise prohibit shill bidding by user agreement while disclaiming direct liability for individual user misconduct they could not reasonably detect in advance.
ExitBid.io accepts platform-fee payments via credit/debit card (Visa, Mastercard, Apple Pay, Google Pay) processed by licensed card acquirers.
ExitBid operates as a digital service provider, offering a paid listing service for online-business owners. Revenue is derived exclusively from:
ExitBid does not: (a) charge commission or success fees on business-sale transactions; (b) charge any per-bid, per-registration, or other fees to Buyers - bidding is free after one-time bidder verification (Section 5.1); (c) process, hold, or facilitate the purchase price transaction between Buyer and Seller; or (d) act as a party, agent, or principal in the underlying business-sale transaction. The Seller and Buyer transact directly, typically with third-party escrow.
Card payments are processed by a licensed card acquirer. Listing fees are processed immediately upon submission.
The purchase price transaction (the actual sale of the business) is conducted directly between buyer and seller or through the third-party escrow provider Escrow.com. ExitBid does not hold, process, or transmit funds related to the business sale price.
Listing fees are processed through the Merchant of Record. ExitBid does not operate a separate escrow account for buyer funds. All platform-fee custody, holds, refunds, and settlements follow the payment processor's standard merchant terms. ExitBid does not hold buyer or seller funds related to the actual business-sale transaction - those funds flow directly between buyer and seller through third-party escrow (Escrow.com).
ExitBid does not collect deposits, holds, or other monetary instruments from Buyers. Bidder verification (Section 5.1) is performed through contact-information verification only and does not involve a charge.
If you believe a charge on your card is incorrect, contact ExitBid first at support@exitbid.io before initiating a chargeback with your card issuer. We will respond within 3 business days and work in good faith to resolve the issue.
For formal chargebacks initiated through a card-issuing bank:
For non-chargeback payment disputes, refer to Section 7.4 (Dispute Resolution - Platform Fees) or Section 8.7 (How to Request a Refund).
ExitBid complies with applicable anti-money-laundering (AML) laws, counter-terrorism financing (CTF) regulations, and economic sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC) and equivalent authorities.
ExitBid.io recommends the use of Escrow.com, a licensed and regulated third-party escrow provider, to facilitate secure transactions between buyers and sellers. Escrow.com holds funds independently until both parties confirm the asset transfer is complete.
ExitBid does not hold, process, or transmit any funds related to the purchase price of businesses. We are a listing and auction service only. All escrow services are provided independently by Escrow.com under their own terms and licensing. Escrow fees are determined by Escrow.com and paid directly to them.
Disputes related to escrow transactions are handled by Escrow.com under their dispute resolution process. ExitBid may provide supporting documentation (auction records, communication logs) to assist in resolution but does not make binding determinations on fund release.
For disputes related to listing fees or other payments processed by ExitBid.io directly: contact support@exitbid.io in writing, ideally promptly after the disputed charge (contacting us later does not shorten the limitation period in Section 18.10). We will respond within 5 business days and work in good faith to resolve the dispute. A written support request under this Section that contains the items listed in Section 17.6 constitutes a Notice of Dispute under that Section, and the informal-resolution periods of this Section and Section 17.6 run concurrently, not consecutively. If the dispute is not resolved informally, it shall be resolved by binding individual arbitration conducted in accordance with Section 17 (including Sections 17.6-17.9) - unless you have opted out under Section 17.5, in which case nothing in this Section 7.4 requires arbitration - or in small claims court as provided in Section 17.7.
ExitBid.io provides refunds in the following scenarios:
If a Seller requests cancellation of their listing before it has gone live for public bidding, the listing fee is refunded in full to the original payment method, minus any non-refundable payment-processor fees (typically 2.9% + $0.30 for card payments; cryptocurrency processing fees are non-refundable). Refunds are processed within 5 business days.
If ExitBid.io cancels an active auction for technical reasons, platform outages exceeding 24 hours, or internal moderation decisions post-publication that are not caused by Seller misconduct, the listing fee is refunded in full within 5 business days.
ExitBid does not charge Buyers any fees - bidding is free after one-time phone and email verification (see Section 5.1). Because nothing is collected from Buyers, there is nothing to refund to Buyers.
The following scenarios do not qualify for a refund of the listing fee:
All approved refunds are processed within 5 business days to the original payment method. Funds may take an additional 1–10 business days to appear in your account depending on your bank or card issuer. If you do not see the refund reflected after 10 business days from our processing confirmation, email support@exitbid.io with your transaction reference and we will escalate the trace with our payment processor.
Submit refund requests to support@exitbid.io including: (a) the email associated with your account, (b) the transaction date and amount, (c) the reason for the refund request. We will respond within 3 business days.
The following types of businesses and content are strictly prohibited on ExitBid.io. Applications that fall within these categories are rejected during moderation (Section 4.3); listings discovered after publication are removed without refund (Section 8.5).
Certain supported categories carry additional requirements:
Paid advertising placements (Section 11) are held to the same prohibition list. In addition, advertisers may not promote regulated financial services (lending, mortgage, debt relief, currency exchange, real estate brokerage), telecom reselling, door-to-door sales, MLM recruitment, or any product type restricted by our card acquirer or Merchant of Record provider.
ExitBid.io reserves the right to remove any listing or advertisement, suspend or terminate any account, and withhold refund (as specified in Section 8.5) for violation of this section. Where applicable, ExitBid may also notify relevant payment processors, hosting providers, or law-enforcement authorities.
ExitBid.io provides a digital service platform and is not a party to transactions between buyers and sellers. To the maximum extent permitted by law:
In addition to the listing service described above, ExitBid.io offers a separate paid advertising service through which third-party Service Providers (agencies, developers, consultants, SaaS tools, and similar B2B services) may purchase promotional placements on the Platform.
An advertising placement is a digital display slot on specified Platform pages for a defined period. The advertiser provides their copy, logo, and destination link; ExitBid publishes the placement after moderation and displays it alongside organic content, clearly labeled as "SPONSORED". The current tiers and prices are published at exitbid.io/advertise.
ExitBid does not sell, resell, or broker third-party products through the advertising service. The advertiser is and remains the seller of any product or service they promote. Clicking an ad leads the user to the advertiser's own website or contact channel.
Every advertising submission undergoes manual review before publication. ExitBid reserves the right to reject or remove, at its sole discretion and without refund beyond what is described in Section 11.4, any ad that:
By submitting an advertisement, the advertiser represents and warrants that: (a) they own or have full rights to use all creative materials submitted; (b) all claims and statistics in their copy are accurate and substantiable on request; (c) their underlying product or service is legally operational in every jurisdiction where ads are delivered; and (d) they will honor the pricing and terms shown to ExitBid users who respond to the advertisement.
Refund rules for paid advertising placements:
ExitBid does not guarantee any specific click-through rate, impression count, conversion rate, revenue, or business outcome from an advertising placement. Advertising fees pay for placement and exposure, not for guaranteed performance.
Advertising fees and the Seller listing fees described in Section 4.1 are separate product lines. An advertising purchase does not confer any listing privileges, and a listing purchase does not confer any advertising placements. Payments for each are processed independently.
You may close your account at any time by emailing support@exitbid.io from the account's registered address or through your Dashboard settings. Upon closure, active Listings are withdrawn in accordance with Section 8. Account closure does not automatically cancel active auction obligations - a winning bid placed before closure remains binding.
ExitBid may suspend or terminate your access to the Platform at any time, with or without prior notice, if we reasonably believe that:
Upon termination, your right to access and use the Platform ends immediately. Platform fees already paid are non-refundable if termination results from a violation under Section 12.2. Any bids placed or auctions won before termination remain binding. Sections that by their nature should survive termination - including Payments already owed (Section 6), Refund obligations to third parties (Section 8), Limitation of Liability (Section 10), User Content License for content already distributed (Section 13), Tax obligations (Section 15), Indemnification (Section 16), Arbitration (Section 17), and General Provisions (Section 18) - remain in full force.
Personal data handling after account closure is governed by the Privacy Policy. Transaction records, AML / sanctions screening logs, moderation records, and documents required by card-network or regulatory obligations are retained for the period required by applicable law (typically 5–7 years).
You retain ownership of all content you submit to the Platform - including but not limited to listing text, screenshots, business names, logos, revenue proofs, Q&A posts, and messages ("User Content").
By submitting User Content, you grant ExitBid a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, reformat, translate, distribute, and prepare derivative works of that content, solely for the purposes of operating, marketing, analyzing, and improving the Platform. This license ends when you delete the content or close your account, except: (a) content already shared in the normal course of Platform operation (public Listings, published Q&A, auction history); (b) retention required by law, card-network rules, or for Platform security and fraud prevention.
By submitting User Content, you represent and warrant that:
ExitBid may remove, relocate, or disable access to any User Content, at any time and at its sole discretion, without notice, if the content violates these Terms, the Prohibited Content Policy, or applicable law, or if we believe in good faith that removal is necessary to protect the Platform or its users.
ExitBid respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA) and equivalent international frameworks.
If you believe that content on the Platform infringes your copyright, trademark, or other intellectual property rights, please send a written notice to support@exitbid.io with the subject line "IP Complaint" containing:
Complete, facially valid complaints are processed within 10 business days. ExitBid may remove or disable access to the challenged content upon receipt of a valid complaint, and will notify the uploading user of the claim.
The uploading user may submit a counter-notice meeting the requirements of DMCA §512(g) (or equivalent law in their jurisdiction). If no court action is filed by the claimant within 10 business days of a valid counter-notice, the removed content may be restored at ExitBid's discretion.
Accounts that receive three or more substantiated IP complaints will be terminated under Section 12.2.
Trademark, right-of-publicity, and other IP complaints follow the same process, substituting the relevant legal standards for DMCA §512 requirements.
"ExitBid", "exitbid.io", the ExitBid wordmark, the ExitBid logo (including the stylized "exitbid" mark), and associated brand elements (collectively, the "ExitBid Marks") are trademarks and trade dress of ExitBid. No license to use the ExitBid Marks is granted under these Terms, except as expressly stated below.
Permitted nominative use. Users, journalists, commentators, and reviewers may refer to ExitBid by name, display the official wordmark at reasonable size, and link to the Platform for the purposes of accurate reporting, commentary, honest review, price or service comparison, or education - provided such use does not suggest endorsement, sponsorship, partnership, or official affiliation with ExitBid.
Prohibited uses. You may not use the ExitBid Marks in any way that:
Enforcement. ExitBid reserves the right to pursue takedowns through the intellectual-property complaint processes of social networks, search engines, domain registrars, app stores, hosting providers, and other intermediaries, and to seek injunctive relief and damages under applicable trademark, unfair-competition, and anti-cybersquatting laws for unauthorized use of the ExitBid Marks.
No restriction on lawful speech. Nothing in this Section 14.6 restricts, and is not intended to restrict, any nominative fair use, editorial or journalistic commentary, honest consumer review, criticism, parody, or other expression protected by applicable law. This Section addresses trademark misuse and impersonation only.
Users are solely responsible for determining, reporting, and paying any taxes, duties, levies, or similar charges arising from their activity on or through the Platform, including but not limited to: income tax on sale proceeds; value-added tax (VAT); sales or use tax; capital gains tax; and any withholding obligations in the user's jurisdiction of residence, tax residence, or business operation.
ExitBid does not provide tax, legal, or accounting advice. Any information displayed on the Platform is for general informational purposes only and should not be relied on as tax guidance. You should consult a qualified tax professional in your jurisdiction before completing a listing, bid, or sale.
ExitBid may be required by law or by our payment providers to collect, retain, and report payment-volume data, user identity, or transaction records to tax authorities in our operating jurisdiction. By using the Platform, you authorize such collection, retention, and reporting to the extent required by applicable law.
Platform fees (including listing fees) are quoted in USD and may be subject to applicable sales tax, VAT, GST, or other transaction tax depending on the user's jurisdiction. Where applicable tax is collected, it is added to the checkout total and clearly disclosed before payment.
You agree to indemnify, defend, and hold harmless ExitBid.io, its affiliates, officers, directors, employees, contractors, and agents (the "Indemnified Parties") from and against any and all claims, demands, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
ExitBid reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate in good faith with that defense. You may not settle any claim subject to this Section 16 without ExitBid's prior written consent.
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any transaction or interaction conducted through the Platform - whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory - shall be resolved exclusively by binding individual arbitration rather than in court, except as expressly set out in Section 17.4.
Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, for claims under USD 25,000, its Consumer Arbitration Rules). The arbitration shall be conducted in English, by a single arbitrator, and may be conducted remotely by videoconference unless both parties agree to a physical seat. Each party shall bear its own attorneys' fees and costs, except where the arbitrator determines a fee award is appropriate under applicable law.
You and ExitBid agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, collective, representative, or private-attorney-general action. The arbitrator shall have no authority to conduct or certify any form of class or representative arbitration, and may not consolidate more than one person's claims. If this class-action waiver is found unenforceable with respect to a particular claim, then that claim (and only that claim) shall be severed from arbitration and may proceed in a court of competent jurisdiction; all other claims shall remain subject to individual arbitration under this Section 17.
Notwithstanding Section 17.1, either party may:
Users located in jurisdictions that prohibit pre-dispute mandatory arbitration of consumer claims retain their statutory rights to bring claims in the courts of that jurisdiction, to the extent that protection is mandatory and cannot be waived by contract.
New users may opt out of the arbitration and class-action waiver requirement in this Section 17 by sending written notice to support@exitbid.io with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. The notice must include your account email and a clear statement that you are opting out. An opt-out affects this Section 17 and any requirement elsewhere in these Terms (including Section 7.4) to resolve disputes by arbitration; all other provisions of these Terms remain in effect.
Before either party may initiate arbitration under Section 17.1 (or a small-claims proceeding under Section 17.7), that party must first send the other an individualized written notice of the dispute ("Notice of Dispute"). A Notice of Dispute to ExitBid must be sent to support@exitbid.io with the subject line "Notice of Dispute"; a Notice of Dispute to a User will be sent to the email address registered to their account. To be effective, a Notice of Dispute must include: (a) the claimant's full name and account email (or, if the claimant has no Platform account, a current contact email address); (b) a specific, individualized description of the dispute and the facts giving rise to it; (c) the specific relief sought and, where monetary, a good-faith calculation of the amount; and (d) the claimant's personal signature (for an entity, or for ExitBid, the signature of an authorized representative). A notice prepared using substantially identical text submitted on behalf of multiple claimants does not satisfy this Section unless it also contains the claimant's individualized facts.
For 60 days after receipt of a complete Notice of Dispute, the parties shall attempt in good faith to resolve the dispute informally. During this period, either party may reasonably request one telephone or video settlement conference, and each party shall participate through a person with knowledge of the dispute and authority to settle it (not solely through outside counsel). Arbitration or a small-claims proceeding may not be commenced before this 60-day period expires. Compliance with this Section 17.6 is a condition precedent: any arbitration commenced without compliance shall, upon either party's request, be administratively closed or stayed until compliance is complete, and no filing or arbitrator fees shall accrue against the responding party in the interim. The limitation period in Section 18.10 is tolled from receipt of a complete Notice of Dispute until the end of the 60-day period. This Section 17.6 does not apply to the claims and proceedings described in Section 17.4.
Notwithstanding Section 17.1, either party may elect to have any individual claim heard in small claims court if the claim falls within that court's jurisdictional limits, provided the claim remains in that court on an individual (non-class, non-representative) basis. Either party may make this election before or after an arbitration demand has been filed: if made after filing but before an arbitrator has been appointed, the arbitration shall be administratively closed in favor of the small-claims proceeding, and any arbitration fees paid shall be handled in accordance with the administrator's rules. A small-claims election may be exercised in any small claims court that has jurisdiction over the claim under that court's own rules - including, for claims by a User against ExitBid, the small claims court of the User's own county (or equivalent local district) of residence.
In any arbitration, notwithstanding the default cost allocation in Section 17.2, the arbitrator shall have the authority to determine - applying standards substantially similar to Federal Rule of Civil Procedure 11(b) - whether a claim, counterclaim, or defense was frivolous, was asserted without a good-faith factual or legal basis, was materially supported by fabricated or falsified evidence, or was brought for an improper purpose (including harassment, reputational extortion, or interference by or on behalf of a competitor). Upon such a determination, and to the fullest extent permitted by applicable law and the administrator's rules, the arbitrator may require the offending party to reimburse the other party's arbitration filing fees, administrative fees, arbitrator compensation, and reasonable attorneys' fees and costs attributable to the offending claim or defense. Nothing in this Section limits any party's rights or remedies with respect to claims asserted in good faith.
If 25 or more arbitration demands that are substantially similar in claims and relief are filed against ExitBid within a 180-day period by or with the assistance of the same law firm, group of coordinated law firms, or organization, the following staged process applies in place of simultaneous individual arbitrations: (a) counsel for the claimants and ExitBid shall each select up to three (3) demands to proceed first as bellwether arbitrations; (b) all remaining demands shall be held in abeyance - with no filing, administrative, or arbitrator fees accruing for them - until the bellwether arbitrations conclude; (c) the limitation period in Section 18.10 is tolled for each demand from the date it is filed until it is no longer held in abeyance, including through the global mediation period; (d) following the conclusion of the bellwether arbitrations, the parties shall engage in a global mediation of the remaining demands for no fewer than 90 days before any of them may proceed, with the mediator's fees borne by ExitBid; and (e) if the bellwether arbitrations and global mediation have not concluded within eighteen (18) months of the filing of the first bellwether arbitration, any claimant whose demand remains in abeyance may elect to proceed with an individual arbitration under this Section 17. If a court or arbitrator determines that this Section 17.9 is unenforceable as to a particular demand, that demand shall proceed as an individual arbitration under this Section 17, and this Section 17.9 shall continue to apply to all other demands to the fullest extent permitted.
These Terms, together with the Privacy Policy, the Refund Policy, and any additional policies referenced herein, constitute the entire agreement between you and ExitBid regarding your use of the Platform, and supersede all prior or contemporaneous communications, representations, or agreements (whether oral or written) on this subject.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed; the remaining provisions shall remain in full force and effect.
Failure by ExitBid to enforce any right or provision of these Terms in any instance shall not be construed as a waiver of that right or provision in any other instance. Any waiver must be in writing and signed by an authorized ExitBid representative to be effective.
You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without ExitBid's prior written consent. ExitBid may assign these Terms, in whole or in part, to any successor entity - including through merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets - without notice to you. Any attempted assignment in violation of this Section is void.
Neither party shall be liable for any failure or delay in performance under these Terms caused by events reasonably beyond its control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemic or public-health emergency, government action or regulation, labor disputes, power or telecommunications outages, internet infrastructure failures, or third-party service provider failures (including payment processors, cloud hosting providers, and escrow providers).
Sections that by their nature should survive termination of these Terms - including Section 6 (Payments already owed), Section 8 (Refund obligations), Section 10 (Limitation of Liability), Section 13.2 (License for content already distributed), Section 15 (Tax reporting obligations), Section 16 (Indemnification), Section 17 (Arbitration & Class Action Waiver), and this Section 18 - shall remain in effect after termination or expiration of these Terms or your use of the Platform.
The collection, use, retention, and disclosure of personal data through the Platform is governed by the Privacy Policy, which is incorporated by reference into these Terms. In the event of a conflict between these Terms and the Privacy Policy regarding the handling of personal data, the Privacy Policy controls with respect to that data.
These Terms are solely for the benefit of you and ExitBid, and do not create any rights or causes of action in favor of any third party, except as expressly provided in Section 16 (Indemnification) with respect to the Indemnified Parties.
Nothing in these Terms creates any joint venture, partnership, employment, agency, franchise, or fiduciary relationship between you and ExitBid. You and ExitBid are independent parties.
Except where prohibited by applicable law, any claim arising out of or relating to these Terms, the Platform, or any service provided through the Platform must be filed - in arbitration, small claims court, or any other permitted forum - within one (1) year after the date the claimant first knew, or reasonably should have known, of the facts giving rise to the claim. Claims not filed within this period are permanently barred. This period is tolled as provided in Sections 17.6 and 17.9, and during any informal dispute-resolution process conducted under Section 7.4 or Section 17.6 - whether or not arbitration applies to the claim (including where a party has opted out under Section 17.5). This Section does not shorten any non-waivable statutory limitation period mandated by applicable consumer-protection law.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-platform notification at least 14 days before taking effect.
Your continued use of ExitBid.io after such changes constitutes acceptance of the modified Terms.
For questions about these Terms of Service, please contact us: