EpiCar – Terms and Conditions for Vehicle Sellers

EpiCar.ai (the “Platform”), is owned and managed by EpiCar LLC (“EpiCar”, “we”, or “us”). Through our platform, we provide vehicle sellers with access to a transparent online marketplace for listing their vehicles, thereby connecting them to interested dealers, all coupled with various complementary services (collectively, "Services").

Contact Information

For any inquiries regarding these Terms, you can reach out to us at 2035 NE 151st St, North Miami Beach, FL 33162, United States or email us at [email protected].

Acceptance of the Terms

By using our Platform, you consent to abide by these terms and conditions, our Privacy Policy, and any other related documentation (collectively termed as the "Terms"). If you disagree with any part of these Terms, please refrain from using our Platform.

When listing a vehicle on our platform, you assert that you are above 18 years of age and that the details you offer about the vehicle are accurate and current. Furthermore, you confirm that you are the legitimate owner of the vehicle you intend to sell.

Updates to the Terms

We retain the authority to modify these Terms periodically. Revised Terms will be available on the Platform and will be effective from the date of posting. Significant changes will be communicated to you through the email address you provide. Regularly check this section for updates.

Selling Your Vehicle Through EpiCar

When you list a car for sale on our platform, your listing will state the minimum price you're willing to accept for your car (“Reserve Price”). The car will remain unsold during the auction if the Reserve Price isn't met or exceeded.

Bidders must specify the maximum price they're prepared to pay for your car (“Maximum Bid”). They can raise their Maximum Bid as long as the listing is active. Though a Maximum Bid doesn't need to meet the Reserve Price to enable bidding, the bid will be unsuccessful if it doesn't match the Reserve Price. No bidder can bid an amount below what EpiCar sets as the “Minimum Bid Amount”.

If a Maximum Bid is equal to or less than the Reserve Price, it'll automatically be the top bid unless another bidder offers more. When a Maximum Bid meets or exceeds the Reserve Price and there's no other qualifying bid, the listing will be won at the Reserve Price.

When two differing Maximum Bids surpass the Reserve Price, our system will auto-bid for each bidder in increments of $50 (or another amount set by EpiCar) above the subsequent highest bid up to their respective Maximum Bids.

The listing will be won by the bidder who outbids the others when two bids meet or exceed the Reserve Price.

If two bidders provide identical Maximum Bids which:

• Equal the Reserve Price and there are no higher bids, the initial bid received wins at the Reserve Price.
• Surpass the Reserve Price and there are no superior bids, the initial bid received wins the listing at a price which is $50 above either: (i) the next highest bid if that bid meets or surpasses the Reserve Price; or (ii) the Reserve Price if no other bids exist or if the subsequent highest bid is below the Reserve Price.

If your car doesn't sell during the primary auction, it'll be automatically listed as a “Second Chance Offer”, with the following rules:

• The initial Reserve Price becomes the “Buy It Now Price”.
• Maximum Bids from the initial listing will be the starting point.
• If no bids were made during the original listing, the Minimum Bid Amount will be the starting point.
• New dealers can submit offers.
• Increments of $50 (or more if EpiCar decides) will be applied.
• A car is sold once an offer meets the Buy It Now Price.
• Offers below the Buy It Now Price will be presented to you, and you must approve them to proceed.

Full details of the expiration date and time for each listing are available on our platform, but all bids and transactions are subject to these terms.

You retain the right to end a listing anytime without notifying bidders beforehand. EpiCar reserves the right to decline or remove bids, and/or halt, cancel, or prolong listings at our sole discretion. EpiCar might alter the bidding process at any time. You agree to always act in good faith with bidders.

Upon a successful bid, we'll connect you directly with the Car Purchasing Partner to finalize the vehicle inspection, collection, and payment. The Car Purchasing Partner will cover all costs of collecting the purchased car from you.

Unless the Car Purchasing Partner opts for our document collection service, refrain from sharing any financial details on our platform. We advise all sellers and Car Purchasing Partners to communicate via the EpiCar platform, but understand that at times, phone conversations might be necessary.

The Car Purchasing Partner or their agent will inspect your car before payment. They have the right to withdraw their bid if upon inspection they find discrepancies in the listing or if there's undisclosed outstanding finance. Price adjustments can be negotiated, but you're not obligated to accept altered purchase prices.

If we determine that you've provided misleading information, misrepresented your car, or acted in bad faith, EpiCar reserves the right to suspend or close your account. The Car Purchasing Partner must pay for your car within 24 hours of collection, directly to you.

The Car Purchasing Partner might ask you to sign a purchase contract. Review these terms carefully. EpiCar is not part of this sales agreement. We don't assist in disputes between sellers and Car Purchasing Partners. If the car isn't delivered as described or the listing details were inaccurate, we hold no liability. If fraudulent misrepresentation occurs (like mileage tampering) post-purchase, the Car Purchasing Partner might have the right to nullify the sales agreement and seek compensation from you.

Special Offers

Occasionally, EpiCar might offer special deals via our platform. These could be governed by additional or different terms and conditions with us or third parties, including privacy policies. Please review any additional terms carefully if you're interested in these offers.

Third Parties and Third Party Services

Car Purchasing Partners

When you request a car valuation on EpiCar, your details (including certain information we collect about you through your use of the Platform in line with our Privacy Policy) may be passed on to the relevant Car Purchasing Partner who places the highest bid on your car. By doing so, you give consent for the Car Purchasing Partner to reach out and discuss your car, potentially agreeing on a final purchase price should you choose to proceed with the sale.

Any interactions between you and any of our Car Purchasing Partners are governed by the respective terms and conditions of that Car Purchasing Partner. EpiCar holds no responsibility for any deals, car purchases, payments, or disagreements that might transpire between you and the Car Purchasing Partner.

We do not guarantee, nor do we offer any assurances, that the quotes given to us by our Car Purchasing Partners are accurate or indicative of your car's genuine value.

In sync with our Privacy Policy, we might:

• Share your details with our Car Purchasing Partners, enabling them to evaluate and bid on your car;
• Share your details with other third parties that provide associated services. Such entities may contact you via email or phone to discuss their services;
• Collaborate with third parties, such as vehicle transport companies, ad networks, data analytics providers, automotive data providers, search information services, or social networks. We might also obtain information about you from these entities.

It's important to understand that this Platform might feature:

• Links to third-party products, services, websites (including Car Purchasing Partner websites), and suppliers that are not connected with EpiCar. We have no influence over these entities and do not guarantee or endorse them.
• Advertisements from third parties. We don't hold responsibility for any deceptive or incorrect advertisements — the advertiser alone is responsible. Do not interpret any links or advertisements on this Platform as EpiCar endorsements.
• Information provided by third parties. EpiCar is not accountable for any errors in this data.

Platform Content

Our Services, including the content on EpiCar and our Car Value Estimator tool, are purely informational. We don't offer any form of advice regarding your car, nor do we advocate for or recommend any specific Car Purchasing Partner or third-party service. It's advisable to seek expert advice before acting or deciding against any action based on EpiCar's content.

User Content

When you share content on EpiCar or provide us with content — like pictures of your car, images of documents about you or your vehicle, or any financial details ("User Content") — you grant us a global, royalty-free, everlasting, irrevocable, non-exclusive, sublicensable, and completely transferable license to use, show, sell, modify, and amend the User Content. Any moral rights you might have in the User Content are waived by you. You guarantee that you possess all the necessary rights to bestow these permissions upon us and that the content is neither illegal nor objectionable.

Any personal data provided via EpiCar or collected during your use of our Services will adhere to our Privacy Policy.

Uploading Photos and Providing Information for Your Car

When you utilize our platform to sell your car, you guarantee that any photos you upload are either taken by you or you own them. By doing so, you provide us with a non-revocable, global, perpetual, royalty-free, non-exclusive, sublicensable, and entirely transferable license to use, display, sell, alter, and edit those photos. Any moral rights you might hold in the uploaded photos are hereby waived. You affirm that you possess all required rights to grant us these permissions. All photos and information you provide concerning a vehicle for sale must be truthful and precise, and you must have the legal right to sell the car.

You further warrant that all materials you contribute or dispatch to us via our platform:

• Are accurate and complete (if they present facts);
• Are genuinely held (if they express opinions);
• Adhere to all applicable regulations, rules, and U.S. law.

Moreover, you assure that any materials you provide will not:

• Be illegal, harmful, defamatory, libelous, obscene, harassing, racially offensive, or in any other way objectionable to us;
• Violate any third-party's property, rights, or intellectual property;
• Facilitate or endorse illegal activities;
• Contain anything technically harmful such as viruses, malware, or other harmful components;
• Infringe on any third party's intellectual property or other rights;
• Encourage unlawful violence, discriminate against race, gender, color, religion, sexual orientation, disability;
• Be fraudulent, misleading, or incomplete.

We reserve the right to reveal your identity to anyone asserting that content you posted or uploaded to our platform violates their intellectual property rights, is slanderous, or infringes upon their right to privacy. This includes cyberbullying, trolling, and harassment. We may also disclose your identity and other provided details to adhere to legal obligations or to enable law enforcement agencies to probe potential illegal activities or fraud suspicions.

We are not accountable to you or any third party for the content's accuracy or any content posted by you or any other user, as delineated in U.S. law and regulations.

You agree to safeguard, indemnify, and absolve us and our affiliates, officers, third parties, agents, and employees from any claim or proceedings stemming from or related to any third-party claims due to content you uploaded or comments you posted on our platform. This includes liabilities or expenses from claims, losses, damages, judgments, litigation costs, and legal fees.

The responsibility of maintaining, and safeguarding your content, and your account on our platform rests solely with you. It's also your obligation to secure and back up your content.

We possess the right to remove any car listing you place on our platform if we believe, in our sole discretion, it doesn't meet our content standards.

If you give us details of a car you intend to sell, we reserve the right (but aren't obliged) to conduct checks, which might include a vehicle history report.

Our Intellectual Property

All intellectual property rights in EpiCar, its content, any database managed by us, proprietary software employed by us for your interaction with EpiCar, and its foundational source code ("EpiCar IP") belong to us or our licensors. These rights are fully reserved.

We grant you a revocable, non-exclusive, non-sublicensable, non-transferable license to use EpiCar IP, but only as much as is required for personal, non-commercial use of the Services and Platform, provided you adhere to these Terms.

Website Assurances

EpiCar and all its content is provided on an ‘as is’ and ‘as available’ foundation. To the greatest extent permissible by U.S. law, we renounce all guarantees, assurances, or promises:

• Regarding EpiCar (and its content) for quality, suitability, compatibility, reliability, accuracy, comprehensiveness, timeliness, or the information given by any Car Purchasing Partner through our Services.
• Of EpiCar's continuous operation without hitches or errors. Occasionally, for maintenance or upgrades, we may need to make the Platform unavailable, with or without prior notice. We're not liable for any service interruptions or losses.

Although we strive to ensure EpiCar remains virus-free, we cannot guarantee immunity from bugs, viruses, or malicious software. Ensure that devices accessing EpiCar have adequate anti-virus protection. We are not accountable for any harm due to malicious material that may affect your devices or data from using EpiCar.

Currently, EpiCar and its Services are solely available for U.S. residents. We neither guarantee nor warrant that our Services suit individuals outside the U.S.

Liability Exclusions

The transaction and agreement for your car's sale are exclusively between you and the relevant Car Purchasing Partner. Consequently, EpiCar doesn't bear any liability for any failure in services rendered by a Car Purchasing Partner.

No clause in these Terms removes or restricts our liability for fatalities or personal injuries resulting from our negligence, deceit or fraudulent misrepresentation, or any other liability that U.S. law cannot exclude or limit.

Indemnification

You commit to safeguarding, defending, and absolving EpiCar, its affiliates, shareholders, officers, directors, employees, agents, or suppliers from any claims or demands made by any third party owing to or emerging from: (i) your use of EpiCar; (ii) any violation of these Terms by you; or (iii) your infringement of any intellectual property or other rights of EpiCar or any person or entity.

Use Restrictions for the Platform and Services

Using the valuation tool on our Platform is strictly for private individuals wanting to sell a car either for themselves or on behalf of another individual they're legally representing. It's strictly forbidden to employ the valuation tool and its resultant valuations for commercial objectives.

EpiCar reserves the right, in its sole judgment and without notifying you, to end the licenses granted to you in these Terms and block future access to EpiCar and/or the Services if you're believed to have violated these Terms.

Our Policy on Criminal Use of Our Platform

You must never attempt to vend a vehicle on EpiCar if you know or should know it to be defective, tampered with, cloned, stolen, or the gains from a crime. In addition to possibly denying you access to EpiCar and/or Services, we might, in severe cases, initiate legal actions against you for breaching these Terms and/or report you to law enforcement if we believe you've violated applicable laws.

General Provisions

Nothing in these Terms intends to deprive you of rights granted under mandatory U.S. laws, including consumer protection laws.

If we don't immediately demand you adhere to these Terms or delay in acting against you for breaching them, it won't prevent us from enforcing them later.

If any term in these Terms is deemed void, illegal, or unenforceable, it'll be adjusted to the minimum extent necessary to make it valid and enforceable. If such an adjustment isn't feasible, that term will be excluded. This won't affect the rest of the Terms' validity and enforceability.

Damages won't sufficiently compensate for your breach of these Terms. Thus, we're entitled to injunctions, specific performance, or other equitable relief for any threatened or actual breaches.

EpiCar operates in the U.S., and these Terms are subject to Delaware law, including non-contractual issues. You agree that Delaware courts will have non-exclusive jurisdiction for any disputes between you and us concerning these Terms.