BIDSY BID

AUCTION PLATFORM TERMS AND CONDITIONS OF USE

Effective Date: April 1, 2026
Last Revised: April 1, 2026

PREAMBLE AND LEGAL NOTICE

PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND BIDSY BID, LLC ("COMPANY"). BY REGISTERING, PLACING A BID, OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

You agree that any dispute will be resolved as set forth in Section 14.

SECTION 1: DEFINITIONS

Platform: The Bidsy Bid website, applications, and services

User: Any person or entity using the Platform

Auction: A time-limited bidding event for an item

Bid: An offer to purchase an item at a stated price

Winning Bid: The highest valid bid accepted at auction close

Seller: The party listing an item for sale

Company: Bidsy Bid, LLC

Payment Method: A valid payment instrument on file

Settlement: The charge of the total purchase amount

Reserve Price: A confidential minimum sale price

SECTION 2: COMPANY ROLE AND LISTING SOURCES

THE COMPANY OPERATES AS A MARKETPLACE PLATFORM AND MAY ALSO ACT AS SELLER FOR CERTAIN LISTINGS.

THE LISTING ITSELF CONTROLS WHETHER THE SELLER IS THE COMPANY OR A THIRD-PARTY SELLER.

Accordingly:

  • The Company may own/list certain items where expressly identified in the listing
  • The Company may inspect and guarantee certain items where expressly stated in the listing
  • For third-party Seller listings, the Company does not own those items and does not guarantee condition, authenticity, or legality unless expressly stated in the listing
  • Item descriptions and details may come from source marketplace data (including Amazon), Seller-provided information, and/or Company inspection notes, depending on the listing
  • Each transaction is between Buyer and the identified Seller for that listing

The Company may facilitate disputes but is not obligated to do so.

SECTION 3: ELIGIBILITY

You must:

  • Be at least 18 years old
  • Have legal capacity to contract
  • Provide accurate information
  • Maintain a valid Payment Method

You agree not to:

  • Use false identity information
  • Use unauthorized payment methods
  • Engage in fraudulent conduct

Violation may result in account termination and legal action.

SECTION 4: BINDING NATURE OF BIDS

A Bid is a legally binding offer.

You may not withdraw or modify a Bid except:

  • Where required by law
  • In cases of clear platform error
  • With Company approval in good faith

If you are the Winning Bidder:

  • A binding contract is formed between you and the Seller
  • You are obligated to complete the purchase

SECTION 5: PAYMENT AUTHORIZATION

By placing a Bid, you authorize the Company to charge your Payment Method if you win.

The total charge will include:

  • Winning Bid amount
  • Applicable taxes
  • Disclosed fees

This is:

  • A one-time charge
  • Not a subscription or recurring billing

Settlement occurs within 24 hours of auction close.

SECTION 6: FINALITY OF SALE

ALL SALES ARE FINAL.

No refunds will be issued except where required by law, including:

  • Material misrepresentation
  • Non-conforming goods

You must report issues within a reasonable time after receipt.

SECTION 7: PAYMENT FAILURE

If payment fails:

  • The Company may retry charges
  • Your purchase rights may be forfeited
  • The item may be offered to another bidder

You will be notified of failed payments.

SECTION 8: ACCOUNT SANCTIONS

The Company may:

  • Suspend accounts
  • Restrict bidding
  • Terminate access

Users will be given an opportunity to cure payment issues unless fraud is suspected.

SECTION 9: RESERVE PRICES

Some auctions may have a Reserve Price.

If not met:

  • No sale occurs
  • No charges are made

SECTION 10: AUCTION WITHDRAWAL

The Company may withdraw listings or reject bids before auction close for:

  • Fraud or manipulation
  • Listing errors
  • Technical issues
  • Legal concerns

No charges will occur if an auction is withdrawn.

SECTION 11: ITEM PICKUP AND RISK OF LOSS

11.1 Pickup Requirement

All items are currently:

  • In-person pickup only
  • No shipping offered

Buyers must:

  • Pick up within 10 business days
  • Provide valid identification

Unclaimed items may be forfeited without refund.

11.2 Risk of Loss

Risk transfers to the Buyer upon physical pickup.

Until pickup, risk remains with the Seller or Company (if applicable).

SECTION 12: TAXES

Applicable sales tax will be collected and disclosed at checkout.

Tax obligations depend on applicable law and transaction structure.

SECTION 13: PROHIBITED CONDUCT

You may not:

  • Engage in shill bidding
  • Use fake identities
  • Use invalid payment methods
  • Use bots or unauthorized automation
  • Harass other users

The Company may report violations to law enforcement.

SECTION 14: DISPUTE RESOLUTION AND ARBITRATION

14.1 Informal Resolution

You must first attempt to resolve disputes with the Company directly.

14.2 Binding Arbitration

All disputes will be resolved by binding arbitration under the Federal Arbitration Act.

  • Single arbitrator
  • Virtual or mutually agreed location
  • AAA Consumer Rules apply

14.3 Exceptions

Claims that cannot legally be arbitrated may be brought in court.

SECTION 15: WAIVERS

JURY TRIAL WAIVER

You waive your right to a jury trial.

CLASS ACTION WAIVER

You agree to bring claims individually only.

SECTION 16: PRIVACY

Your use of the Platform is subject to the Privacy Policy.

The Company:

  • Uses third-party payment processors
  • Does not store full card data
  • May share data as required for transactions

SECTION 17: DISCLAIMER AND LIMITATION OF LIABILITY

THE PLATFORM IS PROVIDED "AS IS."

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • The Company disclaims all warranties
  • The Company is not liable for item defects (unless seller)
  • Liability is limited to amounts paid in the last 12 months

Nothing limits liability for:

  • Fraud
  • Gross negligence
  • Non-waivable rights

SECTION 18: MODIFICATIONS

The Company may modify these Terms with notice.

Continued use = acceptance.

SECTION 19: GENERAL TERMS

  • Severability applies
  • Entire agreement clause applies
  • No waiver without enforcement
  • Assignment allowed by Company

SECTION 20: CONTACT

WyteHat, LLC
Email: legal@wytehat.com
Website: bidsy.bid

FINAL ACKNOWLEDGMENT

BY USING THE PLATFORM, YOU CONFIRM:

  • You read and understand these Terms
  • You agree to arbitration
  • You waive class actions and jury trial