Seller Terms of Service

1. Acceptance of terms

By accessing or using the Bid On Calls platform as a seller (publisher), you agree to be bound by these Seller Terms of Service ("Terms").

2. Account registration & eligibility

To sell calls on the platform, you must register for a seller account, provide accurate business information, and maintain compliant traffic sources.

3. Traffic & call origination standards

3.1 Consent requirements:

You represent and warrant that all calls routed through the platform originate from sources with verifiable TCPA-compliant prior express written consent, or that such calls are initiated by the caller without prompting by an auto-dialer.

3.2 Prohibited traffic sources:

• Robocalls or calls initiated by any auto-dialing system.
• Calls from caller-ID-spoofed or manipulated numbers.
• Calls from numbers on federal, state, or internal DNC registries without a valid exemption.
• Calls originating from incentive-based, coerced, or otherwise non-genuine traffic sources.
• Any traffic originated in violation of TCPA, TSR, or state consumer protection laws.

3.3 Compliance verification:

Bid On Calls may audit your traffic sources, call records, and consent records at any time, and may suspend or terminate your account for non-compliance.

4. Auction mechanics & call routing

Calls you route through the platform are auctioned to eligible buyers in real time. The call is awarded to the highest bidder whose targeting criteria match the call attributes. You receive 85% of the winning clearing price for qualified calls, subject to the payment contingencies outlined in Section 5.

5. Payment & settlement

Payouts are calculated weekly and settled via ACH, wire, or USDC per your account configuration. Net-7 terms apply to ACH and wire; Net-3 terms apply to USDC. Settlement runs every Tuesday for the previous week's qualified calls.

5.1 Contingent Payment (Pay-If-Paid Provision)

• Notwithstanding anything to the contrary in these Terms, all payments and settlements to you are strictly contingent upon Bid On Calls’ actual receipt of corresponding cleared funds from the buyer who purchased the call. Bid On Calls acts solely as a marketplace and exchange platform and does not act as a guarantor of buyer payments. If a buyer fails, refuses, or delays payment to Bid On Calls for any reason—including but not limited to insolvency, dispute, account abandonment, or default—Bid On Calls shall not be held liable to you for such uncollected amounts. Bid On Calls expressly reserves the right to withhold, cancel, or offset payments to you for any calls where the buyer has failed to pay their corresponding invoice.

6. Call qualification & disputes

A "qualified call" is a call that meets the winning buyer's duration threshold and is not successfully disputed within 30 days of completion. Calls that fail to qualify do not generate a payout.

7. Compliance obligations

You are solely responsible for ensuring your traffic sources, marketing materials, and call-generation practices comply with all applicable laws and regulations, including but not limited to the TCPA, CAN-SPAM, TSR, CCPA, CPRA, GDPR, and state analogues.

8. Prohibited conduct

• Routing calls from non-consenting or fraudulent sources.
• Manipulating call duration or caller engagement to clear duration thresholds.
• Routing the same call to multiple networks simultaneously (double-brokering).
• Any activity that constitutes fraud or intentional misrepresentation.

9. Chargebacks & clawbacks

If a call is later determined to be fraudulent, non-compliant, or otherwise non-qualifying, or if the buyer associated with the call defaults on their financial obligations to Bid On Calls, Bid On Calls reserves the right to claw back the associated payout from your future settlements, offset the amount against any current balances, or demand immediate reimbursement of previously paid funds.

10. Termination

Bid On Calls may suspend or terminate your account for compliance violations, fraud, non-performance, or at its sole discretion without notice.

11. Limitation of liability

To the maximum extent permitted by law, Bid On Calls will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from or related to your use of the platform. Furthermore, Bid On Calls bears no liability for the failure of any buyer to fulfill their financial obligations, and you waive any right to pursue Bid On Calls for unpaid earnings resulting from buyer non-payment.

12. Governing law

These Terms are governed by the laws of the State of Wyoming. Disputes shall be resolved in the state or federal courts located in Laramie County, Wyoming.