1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Auction Ace (“we,” “us” or “our”), concerning your access to and use of the Auction Ace application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” or “Application”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.

Product names, logos, and brands of third parties referenced anywhere on the Site are the property of their respective owners. Reference to them does not imply any affiliation with or endorsement by them.

3. User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity to enter into this agreement and you agree to comply with these Terms of Service; (4) you meet the minimum age requirement set out in our Privacy Policy, and if you are under 18, your parent or legal guardian has reviewed and agreed to these Terms on your behalf and is responsible for any purchase made through your account; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

4. User Content and Data Visibility

Visibility to Other Users: You acknowledge and agree that certain information you provide, including but not limited to your profile picture, display name, auction details, player lists, and bid history ("User Content"), will be visible to other users of the Application.

No Expectation of Privacy regarding Public Data: By using the Application, you understand that your User Content is accessible to other participants. You acknowledge that other users may have the technical ability to view, download, capture (screenshot), or store your User Content. We do not control the actions of other users and accept no liability for their use of your publicly visible content.

License Grant: You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute your User Content in connection with the operation and promotion of the Application.

Your Responsibility for Participant Data: If you upload, import, or enter information about other people — including player names, photographs, and statistics — you act as the controller of that information and you represent and warrant that you have the authority and any consents required to do so, and that our processing of it at your direction will not infringe any third party's rights. You are responsible for informing those individuals how their data will be used and for responding to any request they make to exercise their data protection rights.

Third-Party Sharing for Scored Tournaments: If an auction or tournament is scored using the CricAce app, the pictures and data you share with the Application (including but not limited to your profile picture, player details, and auction data) will be shared with CricAce for the purpose of scoring and displaying that tournament. See our Privacy Policy for the full list of recipients.

5. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including spamming, that interferes with any party's uninterrupted use and enjoyment of the Site.

7. Credits, Payment and Refunds

Certain features require auction credits, which may be purchased through our web checkout or as an in-app purchase. Credits are a limited, non-transferable, revocable licence to access a feature of the Application. They are not currency, hold no cash value, cannot be exchanged for money, and are not redeemable except as expressly described in the Application.

Prices are stated at the point of purchase and may change at any time; changes do not apply to credits already purchased. Purchases made through the Apple App Store or Google Play are additionally governed by that store's terms, and refunds for those purchases are handled by the store.

Your right to cancel (consumers in the EU/EEA). Auction credits are digital content. As a consumer you have a right to withdraw from your purchase within 14 days of buying it, and you may exercise that right by contacting us for a full refund of any credit you have not yet used. That right is lost only where you have expressly consented to immediate supply and acknowledged the loss of the right at the point of purchase.

Refunds are otherwise governed by our Refund Policy, which forms part of these Terms.

8. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion, to deny access to and use of the Site (including blocking certain IP addresses) to any person for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. Where we terminate your access and you hold unused credits that you purchased, we will refund them unless the termination results from your breach of these Terms. Sections 4, 9, 10, 11, 12, 13 and 14 survive any termination.

9. Service Availability and Modifications

We may change, modify, or remove the contents of the Site, and may modify or discontinue all or part of the Site. Where a change materially reduces the functionality you have paid for, we will give you reasonable notice and, if you are a consumer, the remedies described in section 10 apply.

No guarantee of uninterrupted service. We do not warrant that the Application will be available at any particular time or without interruption. The Application depends on third-party infrastructure, your internet connection, and the devices used by you and other participants, none of which we control. Outages, latency, data loss, synchronisation errors, and automated actions taken by the system (including the automatic closure of auctions that have been inactive for an extended period) may occur.

You are responsible for your event. The Application is a tool for conducting an auction; it is not a substitute for your own governance of your tournament. You are solely responsible for the rules, conduct, outcome, and records of any auction you run, for communicating those rules to participants, and for maintaining your own independent record of results. We strongly recommend you export or otherwise record auction outcomes as they occur and have a manual fallback available on event day.

10. Your Rights as a Consumer

You are a consumer if you are an individual using the Application wholly or mainly outside your trade, business, craft, or profession. You are a business user if you use it for the purposes of a club, league, company, or other organisation, or otherwise in the course of a business.

If you are a consumer, nothing in these Terms affects your statutory rights. In particular, we supply the Application as a digital service, and under the Consumer Rights Act 2022 and applicable European Union consumer law it must be as described, fit for purpose, and of satisfactory quality. If it is not, you are entitled to the statutory remedies — which may include having the problem fixed, or a price reduction or refund. These rights cannot be excluded or limited, and sections 11, 12 and 13 apply to you only to the extent that the law permits.

Where these Terms and your statutory rights conflict, your statutory rights prevail. Nothing in these Terms requires you to bring a claim anywhere other than the courts of the country in which you live, or removes your right to refer a dispute to a body such as the Competition and Consumer Protection Commission or the European Online Dispute Resolution platform.

Sections 11, 12 and 13 apply in full to business users.

11. Disclaimer of Warranties

Subject always to section 10.

To the maximum extent permitted by applicable law, the Site and the Application are provided on an “as is” and “as available” basis, and we disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, we make no warranty that the Application will meet your requirements, that access will be uninterrupted, timely, secure, or error-free, that bids or other data will synchronise within any particular time, or that any defect will be corrected. Any statistics or player information retrieved from third-party sources are provided without verification and we make no warranty as to their accuracy.

12. Limitation of Liability

Subject always to section 10.

What we are always liable for. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for any breach of your statutory rights as a consumer, or for any other liability that cannot lawfully be limited or excluded.

If you are a consumer. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or for any loss that arises because you used the Application for a business purpose.

If you are a business user. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, or loss or corruption of data, whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, we shall not be liable to a business user for any costs, losses, or claims arising from the conduct, disruption, postponement, rerunning, or outcome of any auction, draft, or tournament, including entry fees, venue costs, prize money, participant refunds, or disputes between participants.

Cap. Subject to the paragraphs above, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Application shall not exceed the greater of (a) the total amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred euro (€100).

If any part of this section is held unenforceable, the remainder continues to apply.

13. Indemnification

Subject always to section 10. This section applies to business users, and to consumers only to the extent permitted by law.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service; (2) any breach of your representations and warranties set out in these Terms; (3) your violation of the rights of a third party, including intellectual property rights and rights in personal data; (4) any content or data you upload, including information about other individuals; or (5) any dispute between you and another user or participant, or arising from any auction or tournament you conduct.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims.

14. Governing Law and Dispute Resolution

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law principles.

If you are a business user, the courts of Ireland shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or relating to these Terms or the Application, and you consent to the personal jurisdiction of those courts.

If you are a consumer, you may bring proceedings in the courts of Ireland or in the courts of the country in which you live, and we will only bring proceedings against you in the courts of the country in which you live. Our choice of Irish law above does not deprive you of the protection of any mandatory rule of law of the country in which you habitually reside.

Informal resolution first. Before filing any claim, we ask that you contact us and attempt in good faith to resolve the dispute informally for a period of thirty (30) days from the date we receive your written notice. Most concerns can be resolved this way. This is a request, not a condition of your right to bring proceedings.

Online dispute resolution. If you are a consumer resident in the European Union, you may also submit a dispute to the European Commission's Online Dispute Resolution platform.

15. General

Entire agreement. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Application.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.

No waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Changes to these Terms. We may revise these Terms from time to time. When we do, we will update the version number and effective date above. Material changes will be notified to you in the Application or by email at least 30 days before they take effect, and your continued use after the effective date constitutes acceptance of the revised Terms. If you do not accept a change, you may close your account and we will refund any unused credits you have purchased.

16. Contact Us

This service is operated by AuctionAce.

In order to resolve a complaint regarding the Site, to begin the informal resolution process described in section 14, or to receive further information regarding use of the Site, please contact us at info@auction-ace.com.