Terms of Service

1. The service, and what it is not

BidHawk (operated by Capped Out Labs LLC, "we", "us") is research software: we aggregate publicly available government auction listings and provide estimation tools. We are not an auctioneer, auction house, broker, dealer, appraiser, accountant, attorney, or financial advisor, and nothing in the service is professional advice of any kind. We are not a party to any transaction between you and any auction platform or buyer.

2. Your account and authority

By creating an account you represent that you are at least 18, able to form a binding contract, and that all information you provide is accurate. Keep your credentials confidential and notify us at support@thebidhawk.com of any unauthorized use. One person per account; you are responsible for activity under it.

3. No guarantee of results

Spreads, resale values, profit figures, and every other number in the service are heuristic estimates for your own research. Auction outcomes depend on factors we do not control: condition, title status, removal deadlines, local demand, and your own diligence. You may lose money on any lot. We make no promise of profit, savings, or results of any kind.

4. Subscriptions, billing, and chargebacks

Paid plans are monthly subscriptions billed through Stripe. You can cancel anytime from the billing portal; access continues through the end of the paid period. Prices may change with at least 30 days' notice by email.

Contact us before disputing a charge. Initiating a chargeback or payment dispute without first contacting support@thebidhawk.com and giving us 10 business days to resolve the issue is a material breach of these terms, and we may suspend or terminate the account involved and contest the dispute with our records.

5. Acceptable use

You agree to comply with all applicable laws in your use of the service and in any auction activity you conduct. Don't scrape, resell, or redistribute our data; don't reverse-engineer the service; don't probe or overload the API; don't use the service for anything unlawful. We may suspend accounts that do any of this.

6. Third-party sites and data

Listings link to third-party government auction sites with their own terms, registration requirements, and rules. Data we display can lag or contain upstream errors; the auction site's own page is always the source of truth.

7. Warranty disclaimer

To the maximum extent permitted by law, the service is provided "as is" and we expressly disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will meet your requirements, operate without interruption, or be error-free.

8. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, reliance, or punitive damages, or for lost or imputed profits or lost data. Our total liability for all claims arising in connection with the service is limited to direct damages in an amount equal to the fees you actually paid us in the six (6) months immediately preceding the claim.

9. Indemnification

You will indemnify, defend, and hold Capped Out Labs LLC and its affiliates, officers, directors, employees, members, managers, and representatives harmless from all third-party claims or causes of action (including investigations) and any resulting damages, costs, expenses, and fines (including reasonable legal costs) arising from your use of the service, your auction or resale activity, any breach of these terms, or any act, omission, or misrepresentation by you.

10. Dispute resolution: binding arbitration

Any claim you bring against us (other than a counterclaim) will be resolved by mandatory, confidential, final, and binding arbitration, with the sole and exclusive forum in Salt Lake City, Utah. Arbitration is conducted under the Federal Arbitration Act by a single arbitrator with the American Arbitration Association (AAA) under its rules. Send arbitration notices to support@thebidhawk.comwith the subject "ATTN: Arbitration Demand", describing the claim and relief sought. For claims we bring, venue and personal jurisdiction are proper in Salt Lake City, Utah, and we may elect arbitration or court there. Nothing here prevents either party from seeking injunctive or other equitable relief in court to protect confidential information or intellectual property.

Class-action and jury-trial waiver: you and we each waive the right to a trial by jury and the right to participate in any class action, class arbitration, or representative proceeding. All claims proceed in an individual capacity only.

11. Governing law, changes, termination

These terms are governed by, and construed in accordance with, the laws of the State of Utah, without regard to conflict-of-laws rules. You can delete your account anytime from Settings; we can suspend or terminate accounts that violate these terms. Sections 3 and 7 through 10 survive termination. We may modify these terms with at least 14 days' notice by email; continued use after the effective date is acceptance. Questions: support@thebidhawk.com.