Terms of Service

1. Introduction and Acceptance

Welcome to Carulu (“Carulu,” the “Platform,” “we,” “us,” or “our”). Carulu Automotive, LLC provides a peer-to-peer vehicle marketplace that connects private vehicle Sellers with prospective Buyers.

By accessing or using the Carulu website, mobile application, or related services (collectively, the “Services”), you agree to these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Services.

By using the Services, you represent and warrant that:

• You are at least 18 years of age.
• You have legal capacity to enter binding agreements.
• You will comply with all applicable federal, state, and local laws.

2. Carulu's Role — Marketplace Only

Carulu is a technology platform that facilitates connections between Buyers and Sellers.

Carulu:

• Does not own, inspect, possess, certify, or guarantee any vehicle.
• Is not a dealer, broker, auctioneer, or agent of any User.
• Is not a party to any vehicle sale agreement between Users.
• Does not guarantee transaction completion.
• Does not guarantee identity, background, safety, or reliability of any User.
• Does not provide legal, tax, title, or registration advice.

All transactions are solely between Buyers and Sellers.

Users assume all risk arising from communications, meetings, test drives, negotiations, and payments.

3. Account Registration & Verification

3.1 Account Creation

Users must provide accurate information when registering. You are responsible for safeguarding your account credentials and for all activity under your account.

3.2 Identity Verification

Carulu may offer identity verification processes including ID upload, selfie verification, and address confirmation.

Verification:

• Increases transparency
• Does NOT guarantee identity, trustworthiness, or lawful conduct
• Does NOT constitute a background check

Carulu reserves the right to approve, deny, suspend, or revoke verification status at its discretion.

4. Vehicle Listings

Sellers must ensure that Listings:

• Accurately describe the vehicle
• Disclose known defects and damage
• Accurately reflect mileage
• Disclose lien or loan status
• Include accurate title information

Sellers represent that:

• They have legal authority to sell the vehicle
• The vehicle is not stolen
• Any liens are disclosed
• Odometer readings are accurate to their knowledge

Carulu may remove Listings or suspend accounts for misrepresentation.

5. Fees

Carulu charges the following fees:

5.1 Seller Listing Fee

A $50 non-refundable Listing Fee is charged to Sellers when a vehicle is listed.

5.2 Buyer Purchase Hold Fee

A $100 non-refundable Purchase Hold Fee may be required from a Buyer to place a vehicle under hold or reserve it pending transaction completion.

5.3 Seller Transaction Fee

Carulu charges a 1% Seller Fee, calculated based on the final sale price. This fee is deducted from the Seller's payout.

Fees are non-refundable except where required by law. Carulu reserves the right to change fees with advance notice.

6. Payment Processing and “Escrow-Like” Services

Carulu may offer payment facilitation services designed to assist Buyers and Sellers in completing transactions.

6.1 Limited Payment Facilitation Role

Carulu:

• Is not a bank.
• Is not a licensed escrow agent.
• Does not provide fiduciary services unless expressly stated.
• Does not guarantee payment validity or final settlement.

Payment processing may be handled through third-party providers.

By using payment services, you:

• Authorize Carulu and/or its payment partners to process transactions.
• Agree to the third-party processor's terms.
• Understand that Carulu is not responsible for processor errors, delays, or reversals.

6.2 Risk of Chargebacks and Fraud

Buyers and Sellers assume all risks associated with payment disputes, chargebacks, fraudulent activity, or transaction reversals.

Carulu may delay, freeze, or reverse payments if fraud, regulatory compliance issues, or disputes are suspected.

7. Offers and Negotiations

Offers made on the Platform do not create legally binding contracts unless the parties separately execute a legally enforceable purchase agreement.

Carulu is not responsible for:

• A party backing out of a deal
• Pricing disputes
• Misunderstandings between Users

8. Test Drives and Meetings

All meetings and test drives occur at Users' sole risk.

Carulu:

• Does not supervise meetings.
• Is not liable for injury, theft, damage, or loss.
• Does not provide insurance coverage.

Users are responsible for verifying insurance coverage before test drives.

9. Prohibited Conduct

Users may not:

• Engage in fraud or misrepresentation.
• List stolen vehicles.
• Manipulate VINs or odometers.
• Circumvent Platform fees.
• Use bots or scraping tools.
• Harass or threaten other Users.
• Conduct illegal dealer activity without disclosure.

Carulu may suspend or terminate accounts at its discretion.

10. Disclaimers

Carulu does not guarantee:

• Platform availability
• Accuracy of vehicle data
• Successful transaction completion
• Safety of in-person interactions

Buyers are responsible for independent inspections and due diligence.

11. Limitation of Liability

12. Indemnification

You agree to indemnify and hold harmless Carulu Automotive, LLC and its officers, directors, employees, and agents from any claims arising out of:

• Your Listings
• Your transactions
• Your violation of law
• Your interactions with other Users

13. Arbitration and Dispute Resolution

13.1 Informal Resolution

You agree to first contact support@carulu.com and attempt informal resolution for 30 days before filing a claim.

13.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

Arbitration shall take place in Dallas County, Texas. Judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

13.4 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

14. Termination

Carulu may suspend or terminate accounts at its discretion, including for fraud, safety concerns, or Terms violations.

Termination does not eliminate obligations incurred prior to termination.

15. General Provisions

• These Terms constitute the entire agreement.
• If any provision is unenforceable, the remainder remains in effect.
• Carulu may update these Terms with 30 days' notice.

16. Contact Information