These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AuClose LLC, a New Mexico limited liability company ("AuClose," "we," "us," or "our"). By creating an account, accessing, or using the AuClose mobile application ("App") or any related services (collectively, the "Platform"), you agree to be bound by these Terms, our Privacy Policy, and our Fee Schedule.
You must be at least eighteen (18) years old to use the Platform. By creating an account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. AuClose does not knowingly allow use by anyone under 18.
We may update these Terms at any time. When we do, we will update the "Last Updated" date and version number above. We will notify you of material changes through the App. Your continued use of the Platform after such notification constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Platform.
The App may require you to review and accept the current version of these Terms before continued access. You will be prompted to accept updated Terms through an in-app acceptance screen.
AuClose is a technology platform that connects local buyers and sellers through structured auction mechanics. AuClose provides the venue, tools, and transaction infrastructure for peer-to-peer commerce. AuClose facilitates introductions between buyers and sellers and provides payment processing, identity verification, reputation tracking, and scheduling tools.
AuClose is not a party to any transaction between Users. AuClose does not own, possess, inspect, appraise, authenticate, warrant, or endorse any item listed on the Platform. AuClose does not act as an agent, broker, consignor, or auctioneer on behalf of any User. AuClose is not a bank, financial institution, money transmitter, escrow agent, or payment processor — all payment processing and fund custody are handled by our third-party payment partner, Stripe, Inc. ("Stripe").
All items listed on the Platform are sold by individual Users, not by AuClose. AuClose makes no representations or warranties regarding the quality, safety, legality, accuracy of description, fitness for a particular purpose, or merchantability of any item. Buyers are solely responsible for inspecting items before completing a handoff.
AuClose does not guarantee that any particular item will be available, that any auction will produce a winner, or that any transaction will be completed.
To use the Platform, you must create an account using a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use.
You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providing false or misleading information is grounds for immediate account termination.
Before listing items for sale or placing bids, you must complete all three verification gates ("Trinity of Trust"):
Each individual may maintain only one active account on the Platform. Creating multiple accounts to circumvent restrictions, fees, or Karma penalties is prohibited and grounds for termination of all associated accounts.
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, failure to complete verification, or conduct that we determine, in our sole discretion, is harmful to the Platform or its Users. Pending transactions at the time of termination will be handled in accordance with Section 13.
When you place a bid on AuClose, you are entering into a binding commitment to purchase the item at the bid amount if you are the winning bidder. Bids are not expressions of interest, negotiations, or tentative offers. Each bid constitutes an irrevocable offer to purchase the item at the stated price, subject to the auction mechanics of the selected engine.
AuClose offers multiple auction formats (collectively, the "Arcade"), each with distinct mechanics:
AuClose reserves the right to add, modify, or discontinue auction engines at any time. Specific auction engines may require an AuClose+ subscription or per-use fee as described in Section 5.
In Standard Auctions, you may set a maximum bid amount ("proxy bid"). The Platform will automatically bid on your behalf up to your maximum in response to competing bids. Your proxy bid amount is never revealed to other Users.
Sellers may set a hidden minimum price ("reserve price") on Standard Auctions. If the highest bid does not meet or exceed the reserve price at auction close, the item does not sell. Reserve prices are never disclosed to bidders.
Sellers may set a fixed "Buy Now" price. Purchasing at the Buy Now price immediately closes the auction and creates a binding transaction.
Once placed, a bid cannot be retracted, modified, or cancelled, except in cases of clear technical error as determined by AuClose in its sole discretion.
Any attempt to manipulate auction outcomes — including but not limited to shill bidding (bidding on your own listings), bid shielding, collusion with other Users, or using multiple accounts — is strictly prohibited and will result in immediate account termination and forfeiture of any associated funds.
AuClose charges fees for certain services. The current fee schedule is available at auclose.com/fees and is incorporated into these Terms by reference. AuClose reserves the right to modify fees at any time upon reasonable notice.
Buyers pay the winning bid amount plus any applicable sales tax. AuClose does not charge buyers any additional premium, service fee, or processing fee. The sole exception is the Bounty Board Counter-Offer Fee described below.
Sellers may incur the following fees:
AuClose+ is an optional subscription service available for $5.00 per month. Subscribers receive waivers on Arcade Engine, Secret Reserve, Extended Auction Window, Relist, and Counter-Offer fees, as well as a concurrent listing cap of 50 items. Upon completing Trinity of Trust verification, all new Users receive a complimentary 7-day trial of AuClose+. The trial does not auto-renew into a paid subscription unless you explicitly subscribe. Cancellation is available at any time with no penalty, effective at the end of the current billing period. If you subscribe to AuClose+ through the Apple App Store or Google Play Store, your subscription is managed by that respective platform and subject to their billing and cancellation policies. Cancellation must be performed through your device's subscription settings.
All payment processing is handled by Stripe. By using the Platform as a buyer, you authorize AuClose to charge your payment method on file for winning bids and applicable taxes. By using the Platform as a seller, you agree to create a Stripe Connected Account and authorize AuClose to deduct applicable fees from your sale proceeds or Connected Account balance via Stripe Account Debits.
By using the Platform as a seller, you expressly authorize AuClose to instruct Stripe to debit your Stripe Connected Account balance for fees owed to AuClose, including but not limited to Final Value Fees, listing fees, subscription fees, relist fees, and early withdrawal fees. This authorization remains in effect for as long as your account is active. You may revoke this authorization by closing your account, which will also terminate your ability to sell on the Platform.
AuClose calculates and collects applicable sales tax on behalf of the buyer using Stripe Tax. Tax amounts are disclosed before the buyer completes a purchase. AuClose remits collected taxes to the appropriate taxing authorities as required by law.
AuClose does not hold seller funds at any point. When a transaction completes, the buyer's payment is captured by Stripe and the seller's proceeds (minus applicable fees) are transferred to the seller's own Stripe Connected Account. Funds in your Connected Account are held by Stripe under Stripe's licenses and are subject to Stripe's Connected Account Agreement. AuClose is not a bank, does not operate as an escrow service, and does not have custody or control of your funds.
Sellers may withdraw available funds from their Stripe Connected Account to their linked bank account at any time, subject to the Early Withdrawal Fee described in Section 5.3(f). Withdrawal requests are processed by Stripe, not AuClose. Processing times are determined by Stripe and your bank.
If your seller account is inactive (no login, listing, bid, transaction, withdrawal, or subscription charge) for an extended period, AuClose will follow this escalation schedule: at 30 days, an in-app nudge; at 90 days, an email notification; at 180 days, an email warning that your balance will be paid out; at 365 days, an automatic payout of your full available balance to your linked bank account at no fee. If the payout fails due to an invalid bank account, AuClose will attempt to contact you to resolve the issue.
Each User has a Karma score ranging from 0 to 100, starting at a baseline of 50. Your Karma score is calculated algorithmically from your transaction behavior on the Platform. It is derived from a rolling ledger of your most recent significant interactions.
Positive events (completing transactions, arriving on time, paying promptly) increase your score. Negative events (failing to pick up an item, defaulting on payment, attempting to renegotiate at handoff) decrease your score. Karma is objective and automated — Users do not manually rate each other's Karma.
Your Karma score determines your reputation tier. Users in the "Shady Associate" tier (score below 40) are subject to a $20 bid cap until they complete 5 consecutive clean transactions ("Probationary Trades"). Users in the "Market Pariah" tier (score below 20) may be restricted from bidding, listing, or accessing the Platform entirely, at AuClose's sole discretion.
Accounts with extended inactivity will see their Karma score gradually return toward the baseline of 50, whether their score is above or below it.
While AuClose designs its Karma system to be fair and objective, we do not guarantee that any User's Karma score perfectly reflects their trustworthiness. Karma scores are informational tools, not endorsements or guarantees. You should exercise your own judgment in all transactions.
After a completed handoff, both buyer and seller may submit structured feedback ("Chip Ratings") about the transaction. Chip Ratings contribute to badge awards and may influence Karma scoring. Chip Ratings are not editable after submission.
Badges are visual indicators of specific positive behaviors earned through platform activity. Badges are displayed on User profiles. Negative events affect Karma scores but do not generate public badges.
All AuClose transactions are completed through in-person meetups. AuClose does not support shipping, mailing, or any remote delivery method. Both buyer and seller must be present at the agreed-upon meetup to complete the transaction.
After a winning bid is authorized, the buyer and seller coordinate a meetup through the Platform's scheduling tools. Meetups must occur within the authorization window (up to 7 days from payment authorization, subject to adjustment for Make It Right resolution time).
Upon winning an auction and successful payment authorization, the buyer receives the seller's meetup location. For private meetups, this is the seller's residential address. Sellers may alternatively designate a public meetup location. AuClose does not display seller addresses to anyone other than the winning buyer of a specific transaction.
The buyer is responsible for inspecting the item at the meetup before completing the handoff. The Secure Pickup PIN (described below) should only be shared after the buyer is satisfied with the item's condition.
Each transaction generates a unique 6-digit Secure Pickup PIN. The buyer holds this PIN. To complete the transaction, the buyer shares the PIN with the seller, who enters it into the App. Upon successful PIN entry, the buyer's payment is captured and the seller's proceeds are transferred. Sharing the PIN constitutes the buyer's final confirmation that they have received and accepted the item. Once the PIN is entered and payment is captured, the transaction is final.
AuClose does not guarantee the safety of any meetup. You are solely responsible for your personal safety during in-person transactions. AuClose recommends meeting in well-lit, public locations when possible. AuClose is not responsible for any injury, loss, theft, property damage, or other harm that occurs during or in connection with a meetup.
If a winning bidder's payment authorization fails (card declined, insufficient funds, etc.), AuClose provides a 24-hour "Make It Right" window during which the buyer may update their payment method and retry authorization.
A buyer may voluntarily forfeit a won auction during the Make It Right window. Voluntary forfeit results in an immediate Karma penalty.
If the Make It Right window expires without successful payment, the buyer receives an automatic Karma penalty for payment default and the transaction is marked as defaulted.
After a buyer default, the seller may choose to extend a "Second Chance Offer" to the next-highest bidder at that bidder's original bid amount. The second bidder has 24 hours to accept or decline. Declining a Second Chance Offer carries no Karma penalty.
Once a buyer shares the Secure Pickup PIN and the seller enters it, the transaction is complete and final. By sharing the PIN, the buyer confirms receipt and acceptance of the item. No refunds, returns, or chargebacks will be processed after PIN entry except as described below.
If a buyer believes they have been the victim of outright fraud or intentional misrepresentation (e.g., the item is fundamentally and materially different from what was listed, is counterfeit, or is stolen property), the buyer may contact AuClose at support@auclose.com to request review. AuClose will evaluate fraud claims on a case-by-case basis at its sole discretion. AuClose is not obligated to issue a refund or take any particular action in response to a dispute. AuClose's determination is final.
Before the Secure Pickup PIN has been shared, a buyer who has inspected the item in person and found it to be materially different from the listing description may contact AuClose for assistance. AuClose may, at its sole discretion, cancel the transaction and void the payment authorization. Such cancellation may still result in Karma consequences for one or both parties.
If a buyer initiates a chargeback through their card issuer after completing a transaction via PIN entry, AuClose reserves the right to suspend the buyer's account, assess Karma penalties, and pursue recovery of the disputed amount, including any fees or costs incurred.
You agree not to:
The Platform, including its design, code, features, content, trademarks, logos, and all associated intellectual property, is owned by AuClose LLC. You may not copy, modify, distribute, reverse engineer, or create derivative works based on the Platform without our prior written consent.
By listing an item on the Platform, you grant AuClose a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, display, reproduce, and distribute the photos, descriptions, and other content you submit ("User Content") in connection with operating and promoting the Platform. You retain ownership of your User Content. You represent that you have the right to grant this license and that your User Content does not infringe any third party's intellectual property rights.
The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. AuClose does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
To the maximum extent permitted by applicable law, AuClose LLC, its members, managers, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use of or inability to use the Platform, any transaction between Users, any item listed or sold on the Platform, any meetup or in-person interaction, or any other matter related to the Platform, even if AuClose has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, AuClose's total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform shall not exceed the greater of (a) the total fees paid by you to AuClose in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00).
AuClose is not a party to and shall have no liability arising from any transaction, dispute, interaction, meetup, or communication between Users. You acknowledge and agree that you bear all risk associated with user-to-user transactions, including but not limited to the condition, quality, safety, and legality of items; the accuracy of listings; the ability of sellers to sell and buyers to pay; and the safety of in-person meetups.
You agree to indemnify, defend, and hold harmless AuClose LLC, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) any transaction you enter into with another User; (e) any User Content you submit; (f) any meetup or in-person interaction in connection with a transaction; or (g) any dispute between you and another User.
Before initiating formal dispute resolution, you agree to contact AuClose at support@auclose.com and attempt to resolve any dispute informally for at least thirty (30) days.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Doña Ana County, New Mexico, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against AuClose.
Notwithstanding the above, either party may bring an individual action in small claims court in Doña Ana County, New Mexico, if the claim qualifies.
These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law principles, except to the extent preempted by federal law (including the Federal Arbitration Act).
The Bounty Board allows buyers to post funded requests for specific items ("Bounties"). By creating a Bounty, the buyer authorizes a payment hold on their card for the posted budget amount.
Sellers may respond to Bounties by submitting listings that match the buyer's specifications. The buyer may accept, reject, or counter-offer on any submission.
Bounties have a stated expiration date. If a Bounty expires without being fulfilled, the payment authorization is released and no charge is made.
You may close your account at any time by contacting support@auclose.com. Account closure does not relieve you of any obligations for transactions initiated before closure, including outstanding fees, pending handoffs, or active auctions.
AuClose may suspend or terminate your account immediately, with or without cause and with or without notice, at its sole discretion. Upon termination, your right to use the Platform ceases immediately.
If your account is terminated while you have pending transactions: (a) payment authorizations for transactions not yet completed may be voided; (b) completed transactions (PIN entered) are final and unaffected; (c) any balance in your Stripe Connected Account remains accessible through Stripe subject to Stripe's terms; (d) outstanding fees owed to AuClose remain due and payable.
Sections 2.2, 2.3, 9, 11, 12, 13, 14, and this Section 16.4 shall survive termination of these Terms.
These Terms, together with the Privacy Policy and Fee Schedule, constitute the entire agreement between you and AuClose regarding the Platform and supersede all prior agreements.
If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
AuClose's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. AuClose may assign its rights and obligations without restriction.
AuClose shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, internet or infrastructure failures, or third-party service outages (including Stripe).
For questions about these Terms, contact us at:
AuClose LLC
Email: support@auclose.com