Resources
-
CARASTA LLC TERMS OF USE
Version 1.02
Last Updated: February 20, 2025IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER
BY ACCESSING OR USING OUR MOBILE APPLICATION, WEBSITE, AND OTHER DIGITAL SERVICES (COLLECTIVELY, THE “DIGITAL SERVICES”), YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE DIGITAL SERVICES.
PLEASE TAKE SPECIAL NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. Please see Section 24 "Dispute Resolution" for full details.
1. Introduction and Overview
These Terms of Use (including the binding arbitration provision) along with our Privacy Policy and any additional guidelines, terms, procedures or rules that may apply to specific features of the Digital Services (collectively, the "Agreement") constitute a legally binding agreement between you ("you," "your," and "yourself") and Carasta LLC ("we," "us," "our," or "Carasta").
The Digital Services include our mobile application ("App"), website, and other digital services that enable users to participate in vehicle auctions and engage with our car enthusiast community. Carasta provides a platform for vehicle listings and information services. All transactions are processed through our third- party partner, Caramel.
CARASTA IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL AUCTIONEER. WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE DIGITAL SERVICES. CARASTA HAS NEVER: (1) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY VEHICLE LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY VEHICLE LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.
2. Acceptance
Each time you access or use the Digital Services, you agree to be bound by this Agreement. This Agreement applies to all users of the Digital Services, including without limitation users who are browsers, sellers, buyers, merchants, or contributors of content.
2025 © CARASTA LLC. TERMS OF USE 1
We may modify this Agreement at any time by posting an updated version on the Digital Services. Your continued use of the Digital Services after any such changes constitutes your acceptance of the modified Agreement.
3. Eligibility
The Digital Services are intended only for users who are 18 years of age or older and who have the capacity to enter into legally binding contracts under applicable law. If you are under 18, you may not use the Digital Services. By using the Digital Services, you represent and warrant that you are at least 18 years old.
4. Account Registration and Security
4.1 Account Creation
To access certain features of the Digital Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
5. Auction Rules and Transaction Processing
5.1 Listing Requirements
● Sellers must provide accurate and complete information about vehicles listed for auction.
● Seller fees are paid upfront via Stripe payment processing
● All listings must comply with applicable laws and regulations.
● Carasta reserves the right to remove any listing at its sole discretion.
5.2 Bidding Rules
● Bidder must have valid credit card on file via Stripe API connection, to process commission fees, upon winning the bid.
● Minimum bid increments are $250 USD.
● All bids are binding expressions of intent to purchase.
● Automatic bidding is available up to your maximum specified amount.
● Bids cannot be retracted once placed.
5.3 Transaction Processing
● Buyer’s commission fee of 5% (up to $7,500) will be automatically transacted via Stripe payment method on file, from beginning bidding requirements.
2025 © CARASTA LLC. TERMS OF USE 2
● All auto-transactions are processed through our partner Caramel.
● Upon winning bid, buyer must complete payment within 24 hours. Checkout Process promptedand supported through Caramel.
● Seller must transfer title within 7 days of completed payment.6. Fees and Payments
6.1 Listing Fees
● $99 standard listing fee.
● Additional fees may apply for premium listings.
● Listing fees are non-refundable.
6.2 Buyer's Fees
● 5% of final sale price (up to $7,500).
● Due immediately upon winning bid, automatically paid via Stripe payment method on file.
● Non-refundable.
6.3 Payment Processing
All payments are processed through Stripe and Caramel and subject to their terms and conditions. Carasta does not store your payment information directly.
7. User Conduct and Content
7.1 Prohibited Conduct
You agree not to:
● Violate any applicable laws or regulations.
● Post false, inaccurate, or misleading information.
● Manipulate prices or interfere with auctions.
● Harass or harm other users.
● Use the services for fraudulent purposes.
● Circumvent or manipulate our fee structure.
● Collect user information without consent.
● Violate others intellectual property rights.
● Interfere with the proper operation of the Digital Services.
7.2 User Content
You retain ownership of content you post but grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content.
8. Intellectual Property Rights
2025 © CARASTA LLC. TERMS OF USE 3
8.1 Ownership
The Digital Services, including all content, features, and functionality, are owned by Carasta and protected by copyright, trademark, and other intellectual property laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to use the Digital Services for their intended purpose, subject to this Agreement.
9. Privacy
Your use of the Digital Services is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices.
10. Disclaimers and Limitations of Liability
10.1 Disclaimers
THE DIGITAL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CARASTA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE DIGITAL SERVICES.
CARASTA'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO CARASTA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100 USD.
11. Indemnification
You agree to indemnify, defend, and hold harmless Carasta and its members, managers, governors, officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Digital Services or violation of this Agreement.
12. Term and Termination
12.1 Term; Survival
2025 © CARASTA LLC. TERMS OF USE 4
This Agreement remains in effect until terminated by either party. Sections 10, 11, 12, and 24 shall survive termination.
12.2 Termination
We may terminate or suspend your account and access to the Digital Services immediately, without prior notice, for any reason, including if we believe you have violated this Agreement.
13. Geographic Restrictions
The Digital Services are operated from the United States. We make no representations that they are appropriate or available for use in other locations. Access from territories where the Digital Services or any content is illegal is prohibited.
14. Changes to the Digital Services
We reserve the right to withdraw or modify the Digital Services, and any service or material we provide, in our sole discretion without notice.
15. Third-Party Links and Services
The Digital Services may contain links to third-party websites or services that are not owned or controlled by Carasta. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
16. Copyright Policy
We respect intellectual property rights. If you believe your copyright has been infringed, please contact us with:
● A description of the copyrighted work.
● A description of where the material is located.
● Your contact information.
● A statement of good faith belief.
● A statement of accuracy under penalty of perjury.
17. Apple App Store and Google Play Additional Terms
If you download our App through the Apple App Store or Google Play, you agree to Apple's Usage Rules and Google Play’s Usage Rules and acknowledge that:
● This Agreement is between you and Carasta only.
● Apple and Google have no obligation to furnish maintenance and support.
● Apple and Google are not responsible for addressing any claims relating to the App.
● Apple and Google are third-party beneficiaries of this Agreement.
2025 © CARASTA LLC. TERMS OF USE 5
18. Force Majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.
19. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
20. Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
21. Assignment
You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice.
22. Entire Agreement
This Agreement, together with our Privacy Policy and any other legal notices published by us on the Digital Services, constitute the entire agreement between you and us relating to your use of the Digital Services.
23. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to its conflict of law provisions.
24. Dispute Resolution
24.1 Agreement to Arbitrate
Any dispute arising under or relating to those Agreement shall be finally settled by binding arbitration, conducted on a confidential basis, under the Consumer Arbitration Rules of the American Arbitration Association.
24.2 Class Action Waiver
YOU AND CARASTA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
2025 © CARASTA LLC. TERMS OF USE 6
24.3 Location
Any arbitration will be held in Fargo, North Dakota, unless otherwise agreed upon. Any in-person hearings will be held in Fargo, North Dakota, unless the parties agree otherwise.
25. Contact Information
If you have any questions about these Agreement, please contact us at:
Carasta LLC [3155 Bluestem Dr. S #219, West Fargo, ND 58078] Email: info@carasta.com
-
CARASTA LLC PRIVACY POLICY
Version 1.02
Last Updated: February 20, 2025
Introduction
Carasta LLC ("Carasta," "we," "our," or "us") respects your privacy and is committed to protecting your personal information. This Privacy Policy describes how we collect, use, disclose, and safeguard your information when you use our mobile application, website, and other digital services (collectively, the "Digital Services").
Please read this Privacy Policy carefully. By using the Digital Services, you agree to the practices described in this Privacy Policy. If you do not agree with our policies and practices, do not use our Digital Services.
Information We Collect
Personal Information
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"), including:
● Identifiers (e.g., name, postal address, email address, phone number)
● Financial information (e.g., bank account information, payment card details) through our payment processor Stripe & Caramel
● Commercial information (e.g., vehicle listings, bidding history, purchase history)
● Internet activity (e.g., browsing history, search history, interaction with our Digital Services)
● Geolocation data
● Inferences drawn from other personal information
Information You Provide
● Account registration information
● Vehicle listing information
● Bidding and transaction information
● Communications with us
● User content (e.g., photos, comments, messages)
Information Automatically Collected
When you use our Digital Services, we automatically collect:
● Device information (e.g., IP address, browser type, operating system)
● Usage details (e.g., access times, pages viewed)
● Location information
● Information collected through cookies and similar technologies
How We Use Your Information
We use your information to:
● Provide and maintain our Digital Services
● Process your transactions through Caramel & Stripe
● Communicate with you
● Improve our Digital Services
● Personalize your experience
● Comply with legal obligations
● Protect against fraud and unauthorized transactions
● Send marketing communications (with your consent)
Information Sharing and Disclosure
We Share Information With:
● Caramel & Stripe for payment processing and transaction facilitation
● Service providers who assist in our operations
● Law enforcement when required by law
● Other users as necessary for auction functionality
● Professional advisors (e.g., lawyers, accountants)
We Do Not:
● Sell your personal information to third parties
● Share your information with unauthorized parties
● Use your information for purposes beyond those disclosed in this Privacy Policy
Your Privacy Rights
For All Users
You have the right to:
● Access your personal information
● Correct inaccurate information
● Request deletion of your information
● Opt-out of marketing communications
For California Residents
Under the California Consumer Privacy Act (CCPA), you have additional rights:
● Right to know what personal information we collect and disclose
● Right to delete personal information
● Right to opt-out of the sale of personal information
● Right to non-discrimination for exercising your rights
To exercise your rights, contact us at info@carasta.com.
Data Security
We implement appropriate technical and organizational security measures to protect your information. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security.
Children's Privacy
Our Digital Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If we learn we have collected personal information from a child under 13, we will delete it.
Cookies and Tracking Technologies
We use cookies and similar tracking technologies to track activity on our Digital Services and hold certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.
Third-Party Links and Services
Our Digital Services may contain links to third-party websites and services, including Caramel. This Privacy Policy does not apply to such third-party services. We recommend reviewing the privacy policies of any third-party services you access through our Digital Services.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. Your continued use of the Digital Services after such modifications constitutes your acknowledgment of the modified Privacy Policy.
International Users
Our Digital Services are operated in the United States. If you are accessing our Digital Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States. By using our Digital Services, you consent to this transfer.
Contact Us
If you have questions about this Privacy Policy or our privacy practices, please contact us at:
Carasta LLC [3155 Bluestem Dr S. #219, West Fargo, ND 58078, USA]
Email: info@carasta.com
Additional Information for California Residents
This section provides additional details required by the California Consumer Privacy Act (CCPA) and applies to residents of California.
Categories of Personal Information We Collect and Share
In the past 12 months, we have collected and may have shared or disclosed the following categories of personal information:
1. Identifiers
○ What we collect: Name, postal address, unique personal identifier, email address, account name, driver's license number, IP address
○ Business purpose: Account creation, transaction processing, communication, fraud prevention
○ Categories of recipients: Payment processors, identity verification services, service providers
2. Personal information under California Civil Code § 1798.80(e)
○ What we collect: Financial information, payment card details, insurance information
○ Business purpose: Transaction processing, payment processing
○ Categories of recipients: Payment processors, financial institutions
3. Protected classification characteristics
○ What we collect: Age, driver's license status
○ Business purpose: Legal compliance, identity verification
○ Categories of recipients: Identity verification services
4. Commercial information
○ What we collect: Vehicle listings, bidding history, purchase records
○ Business purpose: Service operation, transaction processing
○ Categories of recipients: Payment processors, other users as needed for auction functionality
5. Biometric information
○ What we collect: Facial recognition data for identity verification (through Caramel)
○ Business purpose: Identity verification
○ Categories of recipients: Identity verification service providers
6. Internet activity
○ What we collect: Browsing history, search history, interaction with our Digital Services
○ Business purpose: Service improvement, security, fraud prevention
○ Categories of recipients: Analytics providers, security service providers
7. Geolocation data
○ What we collect: Physical location, IP-based location
○ Business purpose: Service functionality, fraud prevention
○ Categories of recipients: Security service providers
Your Rights Under CCPA
As a California resident, you have the following specific rights:
1. Right to Know
○ Request disclosure of personal information we collect, use, disclose, and sell
○ Request specific pieces of personal information we have collected
○ Receive this information twice in a 12-month period at no charge
2. Right to Delete
○ Request deletion of your personal information
○ Certain exceptions apply, such as when information is necessary for transaction completion or legal compliance
3. Right to Opt-Out
○ Opt-out of the sale of your personal information
○ Opt-out of sharing for cross-context behavioral advertising
4. Right to Correct
○ Request correction of inaccurate personal information
5. Right to Limit Use of Sensitive Personal Information
○ Limit the use and disclosure of sensitive personal information to specified purposes
How to Exercise Your Rights
1. Submit Requests
○ Online: Visit www.carasta.com/privacy-requests
○ Email: info@carasta.com
2. Verification Process
○ We will verify your identity before fulfilling requests
○ You may need to provide additional information for verification
○ We will respond to verified requests within 45 days
3. Authorized Agents
○ You may designate an authorized agent to submit requests on your behalf
○ Agents must provide written authorization and verify their identity
○ We may require you to verify your identity directly with us
Non-Discrimination
We will not discriminate against you for exercising your CCPA rights. This means we will not:
● Deny you goods or services
● Charge different prices or rates
● Provide a different level or quality of services
● Suggest you may receive different prices or services
Data Retention
We retain personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required by law. The criteria used to determine our retention periods include:
● The length of time we have an ongoing relationship with you
● Legal obligations that require us to retain data
● Statutes of limitations
● Regulatory requirements
● Business needs
Shine the Light Law
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us through the methods listed in the Contact Us section.