Terms of Service

1. SMP is a marketplace, not a dealer

SMP operates as an online marketplace that connects buyers, sellers, and enthusiasts.SMP is not a vehicle dealer, broker, auction house, or insurer. We do not take title to vehicles or projects, do not guarantee the existence, quality, safety, or legality of listings, and are not a party to sales between users except as needed to operate the platform (for example, payment processing where offered). SMP does not provide purchase protection, escrow, title guarantees, vehicle quality guarantees, or guaranteed dispute resolution for transactions between buyers and sellers. Verification, moderation, and reporting tools may reduce risk but do not guarantee outcomes. You are responsible for your own decisions and due diligence.

2. Listings and vehicle condition

Listings and descriptions are provided by users. SMP does not independently verify the accuracy or completeness of information about vehicle or project condition, history, mileage, title status, or fitness for a particular purpose.

To the fullest extent permitted by law, SMP and its affiliates, officers, directors, employees, and agents disclaim liability for any representations or omissions regarding vehicle or project condition, history, or value made by users or third parties.Any disputes regarding condition or representations are primarily between buyers and sellers, subject to these Terms and applicable law.

3. Marketplace fees

The fee schedule below is a binding part of these Terms. Our Fees page provides examples and summaries for convenience only. If anything on the Fees page conflicts with this Section 3, this Section controls. By using auction or Send It features, you agree to these fee terms.

Sellers

• Creating a Garage and listing a project is free. SMP does not take a percentage of the winning bid — sellers keep the hammer.
• Seller fee: Free. Free to launch — founding builders. No charge when Send It confirms and the 72-hour auction starts.
• The buyer pays the seller directly for the vehicle or project. SMP does not hold or escrow purchase funds between users.

Buyers

• Winning buyers pay a 5% buyer premium on top of the final winning bid (hammer price).
• The buyer premium is capped at $5,000 ($5,000) per completed sale. The exact premium is shown before you Send It or confirm a bid (+5% fee on bid buttons).
• SMP charges the buyer premium to your card on file at auction close. The hammer amount is paid to the seller outside SMP's payment flow.
• Verified phone, email, and a valid payment method on file are required before Send It or bidding.

4. Auction rules

SMP auctions are binding marketplace events. By participating as a buyer or seller, you agree to the following rules in addition to these Terms and our Community Guidelines.

1. Verified buyers and payment on file. Bidders must complete SMP verification (including phone and email) and maintain a valid payment method on file before Send It or placing bids. Unverified accounts cannot participate in auctions.
2. All bids are binding. Send It activations and auction bids create binding marketplace obligations. Winning bidders are expected to complete the transaction in accordance with these Terms.
3. 72-hour auction window. Send It stays locked until the seller's Crew goal is met. When a verified buyer Sends It at the floor price, a public 72-hour auction begins immediately. Late bids in the final minutes may trigger anti-snipe extensions so the clock does not expire unfairly.
4. Accurate listings required. Sellers must accurately represent their build, including photos, condition, documentation, and material facts about the project or vehicle. Misleading or fraudulent listings may be removed.
5. Private contact until close. Buyer and seller contact details remain private during the auction. Contact information is released only after the auction closes and a winning bidder is determined, to coordinate payment and handoff.
6. Platform fees apply. Marketplace fees apply to qualifying auction activity, including the 5% buyer premium on winning bids (capped at $5,000). Seller launch is free for founding builders, as described in Section 3 and on the Fees page.
7. SMP enforcement authority. SMP reserves the right to investigate suspicious activity, void bids, delay or cancel auctions, remove fraudulent listings, suspend or ban accounts, and take other action reasonably necessary to protect marketplace integrity.

5. Disclaimer of warranties

The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

6. Limitation of liability

To the fullest extent permitted by law, in no event shall SMP or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or related to your use of the Services or any listings or transactions, even if advised of the possibility of such damages.

SMP’s total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of
(a) the amount you paid to SMP for the Services in the twelve (12) months before the claim, or
(b) one hundred U.S. dollars (USD $100), except where prohibited by law.

7. Binding arbitration

Please read this section carefully—it affects your legal rights, including your right to file a lawsuit in court.

Except where prohibited by law or as specified below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with SMP (“Dispute”) shall be resolved by binding arbitration administered by a recognized arbitration provider under its applicable rules, rather than in court. You and SMP agree to waive any right to a jury trial and to participate in a class action or representative proceeding.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court finds any part of this arbitration section unenforceable, the remaining portions remain in effect; if class arbitration is not permitted, this section shall be interpreted to allow bilateral arbitration to the fullest extent.

You may opt out of this arbitration agreement by sending written notice within thirty (30) days of first accepting these Terms, as described in any supplemental notice we provide. Small claims court actions may still be brought where permitted.

8. Eligibility and age requirement

You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher) to create an account, list a project, Send It, place bids, buy, sell, or otherwise transact on the Platform. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into binding agreements. SMP may suspend or terminate accounts that do not meet eligibility requirements.

Personal information is handled as described in our Privacy Policy, including how we collect and process account details, verification data, and payment methods on file.

9. User conduct and accounts

You agree to provide accurate information, maintain the security of your account, and comply with all applicable laws. You must not misuse the Services, interfere with other users, or use the Services for unlawful listings or activity.

10. Changes to the Terms

We may modify these Terms at any time. We will post updated Terms on this page and update the “Last updated” date. Continued use of the Services after changes constitutes acceptance of the revised Terms where permitted by law.

11. SMS Terms of Service

By opting into SMS communications from Sell My Project, you agree to receive text messages related to:

• Account verification
• Password reset requests
• Login authentication
• Project approvals and rejections
• Auction activity
• Bid notifications
• Customer support

Message frequency varies.

Message and data rates may apply.

Reply STOP to unsubscribe.

Reply HELP for assistance.

Consent is not a condition of purchase.

12. Contact

For questions about these Terms, please contact us through the contact options provided on the Sell My Project website.