Terms of Service | ACV Auctions

We’re updating our General Terms of Service as of June 18, 2025.
‍Most of these updates are to reflect how we already operate today — we’re just putting it in the terms to keep things clear. Here’s a quick look at what’s new or clarified:

Dealer registration requires Auction Access ID and POA (Power of Attorney) for all licensed auto dealers.
Vehicles must be checked out within 24 hours of purchase.
Transport timelines are now standardized - buyers have up to 7 calendar days before ACV may step in to facilitate transport.
We’ve launched a centralized Fee Page to make it easier to find information on listing fees, cancellation fees, and more.
Seller cancellation fees will now increase with each occurrence to help promote reliable listings.
Sellers must adhere to our new pickup QR scanning process.
To see a copy of our terms in effect prior to June 18, 2025, click here.

Questions? Contact your Sales Rep or email service@acvauctions.com with any questions.

These Terms of Service (the “Terms”) are a binding legal agreement between ACV Auctions Inc., together with its affiliates (collectively, “ACV”), and you, the customer (“you” or “Customer”), and cover your use of and access to ACV’s online marketplace (the “ACV Platform”) through which you may sell and purchase vehicles and receive related services provided by ACV or its partners. Services may include, but are not limited to, vehicle inspection services, arranging for the storage and/or transport of purchased vehicles, title-support services, other ACV Platform or vehicle related services, or any other services provided by ACV to Customer at Customer’s request (collectively, “Services”), unless Customer has subscribed for such Services under separate terms with ACV, in which case such separate terms shall govern. Customer can mean the party selling a vehicle (the “Seller”), the party buying a vehicle (the “Buyer”), anyone who bids on a vehicle, or anyone using the Services. These Terms and any amendments to them will be effective as of the date specified herein or in the amended Terms, as the case may be.
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1. Eligible Participants; Registration; Permitted Use.

The ACV Platform is a business-to-business online marketplace. Customer may only register for and receive the Services if Customer is legally eligible to purchase or sell wholesale vehicles for resale.
To be eligible to access the Services, Customer must complete the ACV Platform online registration process. A state issued dealer’s license, if applicable, applicable resale certificate(s), federal tax identification, and Power of Attorney are among the documents and information a Customer will need to provide to utilize the Services. At ACV’s discretion, this information may be provided to ACV by Customer directly or through ACV-approved third party partners (e.g., AuctionAccess).
Upon receipt and approval of Customer’s registration documents, Customer and Customer’s designated authorized representatives (“Authorized Representatives”) will be issued unique names and passwords to access the Services (“Login Credentials”). Customer agrees not to give anyone access to the Services, including Customer’s ACV Platform account, other than Customer’s Authorized Representatives. Sharing of Login Credentials with anyone other than Customer’s Authorized Representatives is strictly prohibited, and Customer is liable for all activities occurring through use of the Login Credentials. Additionally, immediately upon terminating Customer’s relationship with an Authorized Representative, Customer will terminate such Authorized Representative’s access to the Services, including Customer’s ACV Platform account. Customer is liable and responsible for all actions, omissions and any failure to act of Customer’s Authorized Representatives in connection with Customer’s Authorized Representatives’ use of the Services.
Customer hereby authorizes ACV to share the information Customer provides to ACV (including, without limitation, financial information) with ACV’s partners to the extent such information is needed to provide the Services and otherwise in accordance with ACV’s Privacy Policy (described in Section 2(a) herein).
Customer agrees it will use the Services solely for Customer’s internal business purposes and will not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign (except as permitted by Section 24 herein), distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than to Customer’s Authorized Representatives or as otherwise contemplated by these Terms; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that violates third party privacy rights; (iv) send or store malicious code or viruses; (v) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (vi) use any automated tools to scrape the mobile or web pages of the ACV Platform; or (vii) attempt to gain unauthorized access to the Services or its related systems or networks. Customer further agrees that Customer will not (i) modify, copy or create derivative works based on the Services; (ii) frame or mirror any content forming part of the Services; (iii) reverse engineer or decompile the Services; (iv) access the Services in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Services; or (v) permit or authorize any third party to do any of the above at Customer’s direction or on Customer’s behalf.

2. Terms of Sale; Use of Services.

By using or accessing the Services, Customer agrees to be bound by the current Terms, and the ACV Privacy Policy located at https://www.acvauctions.com/legal/privacy-policy, the Vehicle Condition Arbitration Policy located at https://www.acvauctions.com/legal/arbitration (“ACV’s Arbitration Policy”), the ACV Title Policy located at https://www.acvauctions.com/legal/title-policy (“ACV’s Title Policy”), and the ACV Transportation LLC Policy located at https://www.acvauctions.com/legal/acv-transportation-llc), as amended from time to time.
ACV provides the Services to facilitate the exchange of vehicles between Buyers and Sellers. ACV does not take title to the vehicles listed for sale via the Services. ACV is neither the Buyer nor the Seller of the vehicles listed for sale. As a commercial party, Customer should research the condition and value of the vehicle and the terms of sale before bidding. ACV is not a party to the vehicle sale contract, but is a third party beneficiary of the contract, entitled to the parties’ performance and to seek legal remedies for the parties’ breach. Customer agrees that any legal claims arising out of a transaction will be between Customer and the other party (either Buyer or Seller) in the transaction and not against ACV or any ACV partner.
During such time that ACV holds funds in connection with the settlement of any amounts due to or by Buyer or Seller hereunder, ACV is acting on behalf of the Buyer or Seller, as the case may be.
Unless Seller has chosen to list a vehicle as “seller-inspected” or inspected as otherwise agreed by Seller and ACV, Seller will permit ACV to inspect on Seller’s (or Seller’s agent’s) lot the vehicles Seller intends to sell through the Services for the purpose of creating a vehicle condition report.
Reserve prices, if any, must be set by Seller based on the reasonable fair market value of the vehicle. ACV in its discretion can reject Seller’s proposed reserve price.
Seller will abide by the timeframes for delivery of title set forth in ACV’s Title Policy.
Seller’s rejection of a Buyer’s bid is final; Seller is prohibited from subsequently using the Services to connect with the Buyer to negotiate a sales price.
If a Seller accepts a bid or a Buyer’s bid meets the reserve price, the sale is final and binding and Seller is obligated to sell the vehicle in accordance with these Terms to Buyer at such price upon the terms and conditions set forth in these Terms.
Seller is responsible for completion and execution of the required odometer mileage statement pertaining to the vehicle and on the certificate of title.
Seller is solely responsible for ensuring the complete and accurate disclosure of the condition and title of a vehicle when it is listed for sale through the ACV Platform.
Unless otherwise agreed, Seller will hold and make the sold vehicle available on its lot until it is retrieved by the Buyer or its agent. Seller reasonably will cooperate with Buyer or Buyer’s agent to facilitate pickup of the vehicle at Seller’s lot.
Subject to the last sentence of this Section 2(l) herein, risk of loss for a vehicle remains with the Seller as long as the vehicle is at Seller’s or Seller’s agent’s premises or otherwise is located on a third party storage lot at Seller’s direction, and Seller is responsible for the safety and security of the vehicle, and any loss or theft of, or damage to, the vehicle while the vehicle remains at any such location. In the event of any vehicle loss or theft of, or damage to, the vehicle, Customer will notify ACV immediately upon learning of such incident, and agrees to cooperate with ACV, and the Buyer or Seller, as the case may be, and law enforcement and other third parties as reasonably necessary to assist with the investigation and resolution of the incident. Once the Buyer retrieves the vehicle, or otherwise causes the vehicle to be removed from Seller’s (or its agent’s or other third party provider’s) premises, the risk of loss for the vehicle is transferred to the Buyer or its agents.
Seller will release a vehicle sold through the ACV Platform at a safe and secure location and only in accordance with ACV’s then-current vehicle release procedures (a current copy of which can be found at: https://www.acvauctions.com/support-article/seller-vehicle-release-procedures). Seller further agrees to retain a copy of all documentation required by the vehicle release procedures for at least one hundred twenty (120) days after the pickup date. Seller will be liable to ACV and the Buyer for any loss of or damage to the vehicle resulting from Seller’s failure to comply with this clause.
If Seller is working with an ACV remarketing center and desires to sell a vehicle through the ACV Platform, Seller will provide ACV with instructions for such sale, and authorizes ACV to list the vehicle for sale through Seller’s ACV Platform account in accordance with Seller’s instructions. Any such sale will be governed by these Terms. ACV has no liability to Seller, and Seller will indemnify ACV for any losses or damages arising from, ACV acting in accordance with Seller’s instructions.
If Seller wishes to sell a vehicle that was previously a Canadian or grey market vehicle, Seller must follow the requirements set forth in Section VI. of the NAAA Arbitration Policy (entitled Previous Canadian and/or Grey Market Vehicles); a current copy of such policy can be found at: https://www.naaa.com/Policy/Policy_PDFs/NAAA_Arbitration_Policy_6_1_25_FINAL.pdf (the “NAAA Policy”).
Seller will not use the ACV Platform for any unlawful purpose or in any way that violates these Terms, or in any way that could damage, disable, overburden, impair, or interfere with ACV’s systems or any other party's use and enjoyment of the Services.
ACV may deposit Buyer’s payment immediately, regardless of whether the vehicle’s certificate of title has been submitted by Seller.
Buyer agrees to purchase the vehicle for the Buyer’s bid price which can be accepted by the Seller: (i) in the case of an auction, within six (6) hours after the auction has ended, (ii) in the case of a Buy it Now listing, within six (6) hours after the Buyer has indicated their acceptance of the Buy it Now price, and (iii) in the case of a Live Appraisal, within seventy-two (72) hours after the listing has ended.
In those instances where in ACV’s determination a bid appears on its face to have been placed in error by the Buyer, ACV may void such bid.
Buyer will select a payment option and complete the checkout process within twenty-four (24) hours after the Buyer’s bid is accepted by the Seller or the sale may be considered null and void at ACV’s discretion; in such event Buyer may be subject to financial penalty and/or suspension of Buyer’s account access.
Buyer is responsible for pickup and transport, or may elect to utilize transport services arranged by ACV Transportation LLC.
Buyer will pick up the vehicle within seven (7) calendar days, unless ACV has delayed delivery of a pickup slip as described in Section 2(w) herein, in which case, the vehicle must be picked up within seven (7) calendar days from the date the pickup slip was delivered to Buyer. If a vehicle is not picked up within that time frame, then in addition to any other rights or remedies available to ACV or the Seller for such Buyer breach, ACV has the right to force ship the vehicle to the Buyer at Buyer’s expense.
After ACV’s acceptance of a Buyer’s ACV Platform registration, ACV may delay delivery of pickup slips to the Buyer, the length of which shall be determined by ACV in its sole discretion.
Buyer will not resell or make any changes to the condition of the vehicle until: (i) good funds have been transmitted to ACV, (ii) Negotiable Title (as defined in ACV’s Title Policy) has been delivered by the Seller, and (iii) the applicable arbitration window has closed and all pending arbitration matters have been resolved.
No stop payment of Buyer’s payment to ACV shall be honored; any stop payment order shall be deemed by the parties to be evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as an intent to defraud in order to consummate the transaction
If Buyer is planning to export a vehicle, Buyer is responsible for ensuring satisfaction of all export requirements and all import requirements of the destination country.
Unless otherwise determined under applicable law, ownership rights in the vehicle will not pass to Buyer until complete payment has been received by ACV and Negotiable Title (as defined in ACV’s Title Policy) has been received by ACV from the Seller.
ACV reserves the right to limit the number of vehicles sold by Seller or purchased by Buyer at any time.
To secure payment of the Total Payment Amount (as defined in Section 5(b) herein) and any indemnities or other amounts owed to ACV, Buyer grants to ACV a security interest (including a purchase money security interest, where applicable) in the purchased vehicle, together with all additions, accessions, accessories, and replacements, and proceeds thereof; such security interest is in addition to and not in substitution of any right of set-off or netting which ACV may have against Customer pursuant to these Terms, under applicable law, or under any other circumstance where amounts are owed by Customer to ACV.
Vehicle sales are intended to promote fair and ethical treatment to both the Buyer and Seller. If ACV determines in its sole discretion that a particular transaction is not fair and ethical to either party, ACV may cancel the sale at its sole discretion. In the event of a cancellation, for any reason, ACV may deduct amounts otherwise payable to Seller or otherwise refundable to Buyer, as the case may be, to account for any changes made by the Buyer or Seller, as the case may be, to the condition of the vehicle in violation of these Terms. ACV further has the right to cancel any transaction which ACV has reason to believe is collusive, fraudulent, or suspicious, or if other business reasons necessitate cancellation of the sale in ACV’s sole discretion.
Customer acknowledges the purpose of an ACV inspection report is to report on the condition of the vehicle at the time of the inspection. It is not intended to identify suspicious, fraudulent, or criminal activity concerning the vehicle. Prior to listing a vehicle for sale, Seller will conduct reasonable due diligence on the vehicle’s condition and documentation to identify such activities (e.g., a stolen vehicle, a tampered odometer, etc.) and will not list non-compliant vehicles on the ACV Platform. If after a sale it is determined that fraud or criminal activity has occurred, ACV has the right to cancel the sale. Seller agrees to work with ACV, law enforcement, Seller's insurance provider(s), and other third parties as necessary to resolve the incident.
In the event of a cancellation of a sale under these Terms, Customer agrees to assist ACV as reasonably requested to effectuate the unwind of the transaction. As a Buyer, such assistance may include, but not be limited to: (i) returning to ACV the certificate of title if Buyer has received such document in connection with the original sale, (ii) if Buyer has control or possession of the vehicle, making the vehicle available for pickup by a new Buyer, and (iii) providing current photos and/or videos of the vehicle as requested by ACV. As a Seller, such assistance may include, but not be limited to: (A) accepting delivery of the vehicle subject to the unwind, and (B) returning to ACV amounts paid to Seller in connection with such transaction. In those instances where a sale has been cancelled due the acts or omissions of Seller, Seller shall arrange for pickup of the vehicle at Seller’s expense and, if it fails to do so, ACV has the right to force ship the vehicle to the Seller at Seller’s expense. If ACV determines that the vehicle will not be returned to Seller, Customer agrees ACV has the right exercised in its sole discretion: (1) to launch the vehicle for sale under the titleholder’s name on the ACV Platform in order to sell the vehicle to another Buyer, or (2) to sell the car in the titleholder’s name to a wholesale dealer outside of the platform, a recycling center, or other service to remarket or resell the vehicle, and Customer agrees to assist ACV as reasonably necessary to complete the sale, including making the vehicle available for inspection prior to relaunch. If ACV has not been paid for the vehicle based on the original sale, ACV may retain the proceeds from such subsequent sale.
If Buyer and/or Seller do not provide assistance to ACV as described in Section 2(ff) herein such that ACV cannot effectuate the unwind of the transaction, ACV has the right in its sole discretion to require that the party in possession of title for the vehicle take physical possession of the vehicle and assume risk of loss of such vehicle while in their possession. In exercising such right ACV may arrange for transport of the vehicle to Customer’s premises at Customer’s expense.
Under no circumstances shall Customer refuse to release a vehicle in accordance with these Terms, nor will Customer be entitled to any payment associated with the storage of the vehicle while on Customer’s (or its agent’s) lot. If Customer refuses to release a vehicle as required under these Terms, ACV has the right, in addition to any other remedies available to it: (A) to charge Customer a fee for such breach as determined by ACV in its sole discretion, and (B) arrange ACV or an ACV partner to enter Customer’s (or its agent’s) premises to remove the vehicle at Customer’s expense.

3. Warranties.

Each Customer represents and warrants to ACV as follows:

i. Customer is a licensed or duly authorized motor vehicle dealer in good standing or otherwise authorized to sell or buy vehicles on a commercial wholesale basis in the relevant jurisdiction(s);
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ii. All information that Customer provides to ACV whether directly or through an ACV-approved partner, including without limitation all information provided through the registration process, is accurate and complete and Customer will immediately notify ACV (and the corresponding ACV-approved partner) in writing of any changes to the information provided;
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iii. Customer and its Authorized Representatives are in compliance with and shall continue to comply with all laws and regulations that apply to Customer’s business and its use of the Services, including but not limited to all rules and regulations set forth by the applicable department of motor vehicles;
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iv. Customer and its Authorized Representatives have secured and will maintain all permits, licenses and governmental approvals required to operate Customer’s business including, without limitation, as required to access and participate in the Services;
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v. Customer is solvent;
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vi. Customer will not attempt to manipulate bids of any vehicle being sold through the ACV Platform, intentionally bid up the price of any vehicle being listed for sale by Customer, or otherwise fraudulently bid on any vehicle or engage in any shill bidding practices, all which are strictly prohibited; and
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vii. Customer will not use the ACV Platform for any unlawful purpose or in any way that violates these Terms, or in any way that could damage, disable, overburden, impair, or interfere with ACV’s systems or any other party's use and enjoyment of the Service.
Each Customer, when acting as a Seller of a vehicle further represents and warrants to ACV that:
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i. Seller is the true and lawful owner of the vehicle except as set forth in the vehicle’s announcements;
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ii. Seller’s conveyance of ownership of the vehicle to a Buyer is effective to convey full ownership of the vehicle including, without limitation, free and clear of any liens except as set forth in the vehicle’s announcements, and Seller can lawfully execute title to the vehicle conveying such ownership;
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iii. Seller has possession of the vehicle and such possession is lawful;
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iv. Seller has full rights, power and authority to sell and transfer title to the Buyer in accordance with ACV’s Title Policy, except as set forth in the vehicle’s announcements;
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v. All information and statements made on a title document or certificate of origin, on any Federal Disclosure Odometer Statement, or otherwise in any Transfer Documents (as defined in ACV’s Title Policy), and any information provided by Customer to ACV or its agents during inspection of a vehicle and in preparation for the listing of the vehicle through the ACV Platform, are true and correct, and any other representations made about a vehicle to a Buyer, including without limitation through the ACV Platform, are true and correct;
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vi. Unless ACV is otherwise notified by Customer in advance, the vehicle is not a repossession being sold through the ACV Platform for the purpose of effecting a disposition of collateral pursuant to an applicable provision of Article 9 or 9A of the Uniform Commercial Code, or a sale in enforcement of any lien;
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vii. For value received, Seller hereby irrevocably appoints ACV to be Seller’s agent and attorney-in-fact with full and complete authority to, on Seller’s behalf, take all steps, do all things, and authenticate, sign, e-sign, or otherwise acknowledge any and all documents, including but not limited to odometer disclosure statements, title documents (including applications for duplicates), bills of sale, letters of correction, lien releases, invoices, and transportation instructions/orders, in each case as deemed necessary, incidental, desirable, or expedient by ACV, in ACV’s sole judgment, for any purchase or sale of a vehicle made under these Terms, for the provision of any goods and/or services under these Terms, to assist ACV with ACV’s efforts to collect payment for such goods and/or services, and/or to address an insurance claim related to vehicle damage occurring during transportation provided by ACV Transportation LLC. Where any applicable jurisdiction requires a valid Power of Attorney to be effected in writing, in the presence of a witness, and/or imposes any other requirements, Seller hereby covenants to do such acts as required to appoint ACV as Seller’s agent and attorney-in-fact as described herein; and
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viii. Seller has a good faith intent to resell the vehicle to a Buyer.
Each Customer, when acting as a Buyer of a vehicle further represents and warrants to ACV that:
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i. Buyer holds the appropriate documentation issued by the sales tax authority of the state, province, or locality of its business or where it purchases vehicles, as applicable, which exempts Buyer from the payment of sales tax, and warrants that it will provide a copy of such applicable documentation to ACV upon registration, at any time upon request, and as necessary to maintain the validity of such documentation. In the event that vehicles or other products purchased are used for any purpose other than for resale, Buyer will notify ACV and remit an amount equal to the applicable such sale or use tax as may then accrue and be due and payable;
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ii. Buyer holds a retail sales tax registration, certificate, license, or other permit, issued by the sales taxing authority(ies) of the applicable state(s), county(ies), and country(ies) as appropriate; and
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iii. The vehicle is purchased solely for resale in the form of tangible personal property in the regular course of business and is the sort usually purchased by Buyer for resale; and

4. Transport. If Customer elects through the Services to arrange for the transportation of any vehicles purchased through the Services, such transportation shall be arranged by ACV Transportation LLC, an authorized affiliate of ACV, and shall be governed exclusively by the terms and conditions entered into by Customer and ACV Transportation LLC located at https://www.acvauctions.com/legal/acv-transportation-llc.

5. Fees; Payment Terms.

Customer agrees to pay ACV or its partners (as applicable) all applicable fees and charges assessed by ACV and/or the ACV partners in exchange for the Services (“Fees”), which may include, but are not limited to: (i) a buy fee; (ii) a sell fee; and (iii) a transportation fee for Buyers electing to receive such services as arranged for by ACV Transportation LLC; (iv) a late payment fee to Buyer up to the total buy fee if Buyer does not remit payment by the Payment Due Date (as defined below); (v) a fee for title-support services requested by Customer; (vi) a cancellation fee to the Seller if a transaction is cancelled or abandoned in violation of these Terms; and (vii) and any other fees or charges assessed by ACV, in its sole discretion. Customers can view a current schedule of ACV’s most commonly charged fees at https://app.acvauctions.com/myacv/fee-schedule.
The purchase price of the vehicle plus all applicable taxes and Fees payable by Buyer in connection with a transaction is the “Total Payment Amount.” Unless otherwise agreed to by ACV, Buyer shall pay ACV the Total Payment Amount within two (2) business days after the Buyer’s bid is accepted as the winning bid (the “Payment Due Date”). Payment shall be made in U.S. dollars by, ACH electronic funds transfer, floor plan, or by another financing arrangement acceptable to ACV Auctions (each a “Payment Method”).
If amounts owed to ACV hereunder are not paid by the payment due date, Customer authorizes ACV to automatically debit Customer’s ACH account the amount owed. ACV reserves the right to specify the type of Payment Method it will accept from Customer in ACV’s sole and absolute discretion. Additionally, If Buyer fails to pay Fees or other amounts owing when due to ACV or any ACV partner, ACV may: (i) withhold title documents until all amounts owed have been paid; (ii) cancel the sale transaction; (iii) charge interest on any past due amounts at the rate of one and one half (1.5%) percent per month, calculated in U.S. dollars, or the maximum rate allowed by law, whichever is less; and/or (iv) pursue any other remedy or relief permitted by law.
If ACV accepts payment from Buyer by electronic check, Buyer authorizes ACV to initiate debit entries to its account at the financial institution on which the electronic check was written. The electronic check debit authorization will remain in force until ACV has received written notice from Customer of its termination. ACV reserves the right to decline payment by electronic check at any time and for any reason. Any payment that is withdrawn by Buyer or its bank, rejected or returned for NSF must be settled and replaced immediately. NSF transactions will be subject to a service charge up to the maximum amount allowed by law and shall be immediately due and payable.
ACV will pay Seller the purchase price of the vehicle less the Fees due from Seller to ACV after receipt from Seller of Negotiable Title.
Customer agrees that, if Customer designates a bank account for payment of amounts owed by ACV under these Terms, ACV may use such account information to initiate ACH entries to Customer’s bank account, including debit entries for amounts Customer owes ACV from time to time as such amounts become due, credit entries for amounts ACV owes Customer, and debit or credit entries in any amount necessary to correct an error. Customer agrees that Customer will provide ACV with updates as are necessary to keep this bank account information accurate and current, including but not limited to, notice if Customer ceases doing business on the ACV Platform.
Customer agrees to pay all costs including, without limitation, attorney fees, court costs and other expenses reasonably incurred by ACV or an ACV partner, to collect any monies owing by Customer under these Terms.
Any amounts owing to ACV by Customer under these Terms or applicable law, may be retained by ACV or deducted from any proceeds or other property otherwise due to Customer, and ACV may stop payment or refuse to authorize payment to Customer and may hold any title to any vehicle pursuant to this right of setoff.

6. Arbitration. If, upon pickup and inspection of the vehicle, Buyer discovers a defect that is eligible for arbitration pursuant to ACV’s Arbitration Policy, Buyer may pursue a remedy through the arbitration process as set forth in such policy. Sellers who repeatedly fail to make required announcements or Buyers who repeatedly submit questionable arbitration claims may have their auction privileges temporarily or permanently suspended.

7. Guarantee. ACV may offer eligible Customers (as determined by ACV) the ability to sell vehicles through an ACV guarantee program (a “Guarantee Program”) whereby ACV will commit Seller will be paid an agreed upon amount for the sale of selected vehicle(s). Such amounts will be due only if the vehicle(s) actually sell(s) through the ACV Platform, and will be payable in accordance with the payment terms established by ACV from time to time. ACV has the right to charge Sellers a fee for participation in the Guarantee Program. ACV may terminate the Guarantee Program or a Customer’s participation in the Guarantee Program at any time. The current Guarantee Program terms can be found here: https://www.acvauctions.com/legal/guaranteed-sale-terms.

8. Live Appraisal. A description of ACV’s Live Appraisal Service can be found here: https://www.acvauctions.com/live-appraisal. Any Seller choosing to include their vehicle in a Live Appraisal listing is warranting to ACV that the Seller has a good faith intention to sell their vehicle if the listing results in an offer to purchase the vehicle at a price based on a reasonable fair market value of the vehicle. ACV has the right to charge Sellers a fee for participation in the Live Appraisal Service. ACV may terminate the Live Appraisal Service or a Customer’s participation in the Live Appraisal Service at any time.

9. Private Lane. ACV may offer certain Customers (as determined by ACV) the ability to participate in private lanes through which a limited number of Sellers and/or Buyers may transact. ACV will communicate the terms of the private lane to the participants thereof, including any deviations from the standard ACV Platform Services, and Customer shall be bound by such terms.

10. Data. ACV has the right to use Customer-generated information, content, photographs and vehicle data to promote and carry out the Services requested by such Customer. Customers and their representative dealerships grant ACV a limited license to utilize any such non-confidential information for the general purpose of promoting and providing Services to its Customers, and this license extends to trusted third parties with whom ACV works. Customers agree that this permission is royalty free, irrevocable and worldwide for so long as such information is held by ACV. All data collected or otherwise learned by ACV related to vehicles, all transaction data related to the Services, and all ACV-generated materials in delivering the Services, including, but not limited to, photographs, reports, visuals, and narratives, and other data and documents derived from the foregoing, shall be owned by ACV without restrictions on its use of such data.

11. ACV Software. If Customer is accessing the Services through a software application made available for download by ACV (the “ACV Software”), and Customer and ACV have not otherwise entered into an agreement with respect to Customer’s use of such software, then these Terms apply to Customer’s download and use of the ACV Software. Further, subject to the terms and conditions herein and only so long as Customer is a customer in good standing of ACV with an active ACV Platform account, ACV grants Customer a non-exclusive, non-transferable, limited, revocable license to download and use the ACV Software solely for the purpose of receiving the Services. Customer agrees it will not access or use the ACV Software: (a) in violation of any law or regulation; (b) in any manner that (i) is intended to or actually does compromise, break or circumvent any of the technical processes or security measures associated with the ACV Platform, (ii) poses a security vulnerability to customers or users of the ACV Platform, or (iii) tests the vulnerability of ACV’s systems or networks; or (c) to replicate or compete with the ACV Platform, nor will Customer (A) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of the ACV Software or ACV Platform; (B) sell, rent, lease, sublicense, redistribute, or syndicate access to the ACV Software; or (C) otherwise modify, publish, transmit, or create derivative works of the ACV Software in whole or in part. This license is personal to Customer and is non-sublicensable. ACV reserves reserve the right through remote or other means to periodically update, monitor, upgrade, change or discontinue the ACV Software and Customer will permit such changes and access. Customer acknowledges and agrees that the ACV Software is owned exclusively by ACV. The ACV Software is being licensed and not sold by ACV, and ACV reserves all other rights in the ACV Software. The ACV Software is protected by copyright, trade secrets and/or other proprietary rights existing now or hereafter developed. All references to the “ACV Services” under these Terms shall be deemed, to the extent applicable, to include the ACV Software.

12. ACV Ownership.

ACV reserves all rights, title, and interest in and to the Services, the ACV trademarks, logos and other brand features. These Terms do not grant Customers any rights in the Services except as expressly set forth herein. ACV trademarks may not be used in connection with any product, service, or marketing without the prior written consent of ACV.
ACV welcomes feedback, but reserves the right to use comments or suggestions without any obligation to the Customer.
ACV vehicle inspections reports, including all content and photos within such reports, are owned exclusively by ACV and are subject to copyright law, where applicable. ACV vehicle inspection reports are to be used solely in connection with the listing of the inspected vehicle for sale through the ACV Platform. Customer shall not attempt to access or copy an inspection report or, unless Customer has entered into a separate written agreement with ACV, otherwise use or distribute the inspection report in any manner.

13. Availability, Errors and Inaccuracies. ACV is constantly updating the Services, and may experience delays in updating information on the Services. The information found in the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable within the Services, and ACV cannot guarantee the accuracy or completeness of any information found within the Services. ACV therefore reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

14. Links to Other Web Sites; Third Party Service Providers. The Services may contain links to third party web sites or services that are not owned or controlled by ACV. ACV has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. ACV does not warrant the offerings of any of these entities/individuals or their websites. Customer acknowledges and agrees that ACV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. ACV strongly advises Customer to read the terms and conditions and privacy policies of any third party web sites or services that Customer visits or relies upon, as the case may be.

15. Termination; Revocation of Approval. Customers are free to stop using the Services at any time. ACV also reserves the right to suspend or end the Services at any time at ACV’s discretion and without notice. For example, ACV may temporarily suspend or permanently terminate all or a portion of a Customer’s or any of Customer’s Authorized Representatives’ access to and use of the Services if the Customer (or Authorized Representative) is not complying with these Terms, or uses the Services in a manner that in ACV’s determination could cause ACV legal liability, disrupt the Services or disrupt others’ use of the Services. ACV reserves the right to terminate and delete Customer’s account. Further, ACV in its sole discretion may approve a Customer to engage on the ACV Platform solely as a Buyer or a Seller, and may revoke or limit the scope of that approval at any time thereafter.

16. DISCLAIMER OF WARRANTIES AND LIABILITIES.

ACV PROVIDES THE SERVICES TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO CUSTOMER’S AND/OR ITS AUTHORIZED REPRESENTATIVES’ USE OF AND ACCESS TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES WHICH MAY BE CREATED THROUGH COURSE OF DEALING.
ACV SHALL HAVE NO LIABILITY WHATSOEVER, ACTUAL OR OTHERWISE, TO CUSTOMER OR ITS AUTHORIZED REPRESENTATIVES BASED ON ANY OF THE FOLLOWING: (i) ANY DELAY, INTERRUPTION IN USE OF, FAILURE IN OR BREAKDOWN OF THE SERVICES OR ERRORS OR DEFECTS IN TRANSMISSION OCCURRING IN THE COURSE OF ACCESSING OR USING THE SERVICES; (ii) ANY UNLAWFUL OR UNAUTHORIZED USE OF THE SERVICES; (iii) ANY LOSS OF OR DAMAGE TO CUSTOMER'S RECORDS OR INFORMATION; (iv) ANY CLAIM RESULTING FROM THE SUSPENSION OR TERMINATION OF ACCESS TO THE SERVICES; (v) ACV’S ACTIONS DONE IN ACCORDANCE WITH CUSTOMER’S INSTRUCTIONS, OR (vi) ANY CLAIM RELATED TO ANY VEHICLE SOLD OR BOUGHT USING THE SERVICES, EXCEPT AS MAY BE SPECIFIED IN THE GO GREEN POLICY FOUND WITHIN THE ACV ARBITRATION POLICY.
IN NO EVENT SHALL ACV BE LIABLE TO CUSTOMER OR ITS AUTHORIZED REPRESENTATIVES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INDIRECT LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE ACV PLATFORM, OR ANY VEHICLE REFERENCED THEREIN. ACV’S AGGREGATE LIABLITY TO CUSTOMER OR ITS AUTHORIZED REPRESENTATIVES FOR ANY MATTER ARISING IN CONNECTION WITH THE SERVICES SHALL BE EQUAL TO THE FEES PAID BY CUSTOMER TO ACV IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY.
ANY CLAIMS OR CAUSES OF ACTION THAT CUSTOMER SEEKS TO ASSERT AGAINST ACV MUST BE FILED OR OTHERWISE FORMALLY COMMENCED IN THE RELEVANT FORUM WITHIN TWELVE (12) MONTHS OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION BEING ASSERTED, OR WITHIN THE TIME REMAINING UNDER THE APPLICABLE STATUTES OF LIMITATION – WHICHEVER TIME PERIOD IS SHORTER, AND ANY CLAIMS OR CAUSES OF ACTION NOT FILED OR COMMENCED WITHIN SUCH PERIOD WILL BE FOREVER BARRED.

17. Indemnity

Customer agrees at their own expense to defend, indemnify, and hold ACV and its directors, officers, employees and agents, harmless from and against any loss, damage, liability, demand, lawsuit, debt, charge, action, penalty, interest, claim, cost, tax or expense whatsoever, including without limitation any and all out-of-pocket costs and legal and accounting fees, duties and bonds, which an indemnified party may incur, suffer or be required to pay as a result of or relating to, arising out of, or in connection with (i) Customer’s use of the Services; (ii) Customer’s violation of these Terms; (iii) Customer’s violation of any third party right, including, but not limited to, any intellectual property right, right of attribution, association, integrity, publicity, confidentiality, property or privacy right; (iv) any claim in connection with a vehicle while in Customer’s possession or control; (v) any claim that Customer information, or Customer’s use of the property of others, may have caused or did cause damage to a third party, including, but not limited to, claims that Customer information, or Customer’s use of the property of others, infringe the rights of others or caused damages to others; (vii) any personal injury or property damage caused by Customer, its agents, or contractors to ACV or its personnel or any third party, or the property of any such parties; (viii) Customer’s fraud or willful misconduct; or (ix) any claim not otherwise described above arising from Customer’s vehicle, except to the extent such damage has been caused directly by the indemnified party claiming such damage.
Customer also agrees to indemnify ACV for reasonable legal and accounting fees, costs, and expenses incurred in enforcing the rights of ACV against Customer under these Terms.

18. Dispute Resolution. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed, and Customer expressly disclaims any right to bring or participate in any such action. In the event of any dispute under these Terms, Customer and ACV agree that any judicial proceeding will be brought in the federal or state courts of Erie County, New York. Both Customer and ACV Auctions consent to venue and personal jurisdiction there.

19. Independent Contractors. Except as specifically permitted by Customer in a Power of Attorney, ACV is an independent contractor in the performance of its obligations under these Terms and is not the express, implied or apparent agent or representative of Customer for any purpose whatsoever. Under no circumstances shall ACV or its employees or other persons performing work for ACV be considered employees of Customer.

20. Controlling Law. The Services provided hereunder are performed in the State of New York and these Terms will be governed by New York law except for its conflicts of laws principles. Customer represents that Customer has sufficient authority and all right and full power to agree to these Terms and to perform Customer’s obligations under these Terms.

21. Entire Agreement. These Terms constitute the entire agreement between Customer and ACV with respect to the subject matter hereof, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms

22. Remedies. In the event of Customer’s breach of these Terms, ACV may – in addition to any other rights and remedies available to it under these Terms and applicable law - enforce liens granted to it under Section 2(cc) and peaceably enter Customer’s (or its agent’s) premises to take possession of a vehicle and dispose of the vehicle as ACV may determine in its reasonable discretion.

23. Force Majeure. ACV shall not be liable or responsible to Customer for any failure or delay by ACV in fulfilling or performing under these Terms when and to the extent such failure or delay is caused by or results from acts beyond ACV’s reasonable control, including, without limitation: acts of God; flood, fire, earthquake or explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; government order or law, or action by any governmental authority; national or regional emergency; epidemic, pandemic or similar event; and other similar events beyond ACV’s reasonable control.

24. Waiver, Severability and Assignment. ACV’s failure to enforce a provision is not a waiver of its right to do so at any other time. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Customer may not assign any of Customer’s rights under these Terms without ACV’s prior written consent, and any such attempt will be void. ACV may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

25. Changes. ACV reserves the right, at its sole discretion, to modify or replace these Terms at any time with respect to all sales occurring after such modifications are effective. Modifications will take effect immediately upon posting of the revised Terms, provided however, if a change is material ACV will provide at least thirty (30) days’ notice prior to such modifications taking effect. What constitutes a material modification will be determined at ACV’s sole discretion. By continuing to access or use our Services after any modifications become effective, Customer agrees to be bound by the revised terms.

26. Authority. The individual accepting these Terms warrants to ACV that he/she has been given and has received and accepted authority to agree to these Terms on behalf of Customer, and further has authority to bind Customer to these Terms.

27. Conflicts. These Terms are the governing terms relating to a Customer’s purchase or sale of wholesale vehicles through the ACV Platform. If any provision contained in these Terms is in conflict or inconsistent with any provision in the NAAA Policy, ACV’s Arbitration Policy, and/or ACV’s Title Policy, such conflict will be resolved by the following priority of documents: (1) these Terms, (2) the applicable provision of ACV’S Title Policy or ACV’s Arbitration Policy, as the case may be, and (3) the NAAA Policy. Further, if Customer and ACV have a separate written agreement between them with regard to any Services, then the terms of the separate agreement shall govern.

28. Contact Us, Notices. Notices must be sent via first class mail or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable account email address and are deemed given when sent. Notices to ACV must be sent to:

ACV Auctions Inc.
640 Ellicott St.
Suite 321
Buffalo, NY 14203
Attention: Legal Department, with a copy to notices@acvauctions.com

Last Updated: June 18, 2025

ACV Terms of Service