Legal

PayDirt HQ Terms of Service

Effective date: August 14, 2026
Last updated: August 14, 2026

1. Introduction and Acceptance of Terms

Welcome to PayDirt HQ (the “Platform,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the PayDirt HQ website, mobile applications, and related services (collectively, the “Services”). The Platform is operated by the entity identified in Section 20 (the “Company”).

By accessing or using the Services, creating an account, or listing or browsing equipment on the Platform, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

2. Nature of the Platform — Listing Marketplace Only

This section is foundational to these Terms and to the Company’s relationship with all Users.

PayDirt HQ is a listing marketplace that connects buyers and sellers of used heavy equipment. The Company:

  • Is not a party to any transaction, sale, purchase, or agreement between a buyer and a seller;
  • Does not hold, process, escrow, or transmit funds on behalf of any User in connection with any sale;
  • Does not inspect, verify, certify, or guarantee the condition, quality, safety, legality, hours, configuration, title status, or fitness for any purpose of any equipment listed on the Platform;
  • Does not arrange, provide, broker, or guarantee freight, hauling, transport, or delivery of any equipment; and
  • Does not act as an agent, broker, escrow agent, or auctioneer for any User.

The Company makes no warranty, guarantee, or representation of any kind with respect to any equipment listed on the Platform. Any warranty, guarantee, or representation regarding equipment is solely between the buyer and the seller, and the Company is neither a party to it nor responsible for it. Equipment is listed on an as-is, where-is basis unless the seller expressly states otherwise.

Buyers are solely responsible for arranging their own inspection of equipment prior to purchase. Buyers and sellers are solely responsible for negotiating and agreeing to the terms of any sale, arranging payment directly between themselves, and arranging pickup or transport of purchased equipment.

3. Eligibility and Accounts

You must be at least 18 years old and capable of forming a binding contract to use the Services.

You may browse and search equipment listings without creating an account. Certain features of the Services require an account.

You agree to provide accurate, current, and complete account information and to keep it up to date. You are responsible for all activity under your account and must notify the Company promptly of any unauthorized use.

The Company may, in its discretion, offer optional seller programs.

4. Listings

4.1 Seller Responsibilities

Sellers are solely responsible for the accuracy and completeness of their listings, including but not limited to equipment condition, hours, configuration, photographs, location, title status, and price.

4.2 No Verification by the Company

The Company does not independently verify the accuracy of any listing. Buyers acknowledge that listing information is provided by sellers and that the Company makes no representation or warranty as to its accuracy.

4.3 Removal of Listings

The Company reserves the right, but has no obligation, to remove or refuse any listing that it believes, in its sole discretion, violates these Terms or applicable law.

5. Fees

Sellers may be charged fees in connection with listing equipment on the Platform. Any such fees, and the terms on which they apply, will be disclosed to the Seller before they take effect. Fees may consist of a flat fee, a percentage of the sale price, or another structure determined by the Company.

Buyers are not currently charged any fee to browse, search, or contact Sellers through the Platform. The Company may establish, change, or discontinue any fee at any time, in its discretion.

6. Third-Party Services and Financing

The Services may display or link to products, services, offers, or information provided by third parties, including lenders and financing providers. The Company does not control, endorse, or assume responsibility for any third-party product, service, offer, or content.

Any payment, monthly cost, interest rate, term, down payment, or other financing figure shown on the Platform is an illustrative estimate provided for general informational purposes only. It is not an offer of credit, a quote, a pre-approval, or a commitment to lend, and it is not a representation that financing is or will be available on the terms shown or on any terms. Figures shown may not reflect terms actually available to you.

The Company does not originate, underwrite, arrange, or broker financing, and does not determine eligibility for financing. All credit and financing decisions — including whether any applicant, transaction, or item of equipment qualifies, and on what terms — are made solely by the applicable lender or financing provider under its own criteria. The Company does not guarantee that any application will be submitted, considered, or approved.

7. Buyer and Seller Conduct

All Users agree to:

  • Deal honestly and in good faith with other Users;
  • Independently verify equipment condition, title, and any liens prior to purchase;
  • Arrange and complete payment, and arrange pickup or transport, directly with the counterparty;
  • Comply with all applicable laws, including those governing the sale, titling, and transport of heavy equipment; and
  • Promptly report suspected fraudulent listings or conduct to the Company.

8. Prohibited Conduct

Users may not use the Services to:

  • List equipment they do not own or have the legal right to sell;
  • Post false, misleading, or fraudulent listings;
  • Circumvent, disable, or interfere with the security or proper functioning of the Platform;
  • Scrape, harvest, or collect data from the Platform except as permitted by the Company;
  • Contact other Users for purposes unrelated to a legitimate equipment transaction; or
  • Violate any applicable law or the rights of any third party.

9. Taxes

Users are solely responsible for determining, collecting, reporting, and remitting any sales, use, transfer, excise, or other taxes, duties, or governmental fees arising from any transaction conducted through or in connection with the Platform. The Company does not calculate, collect, or remit taxes on behalf of any User and does not provide tax advice.

10. Disclaimers

THE SERVICES AND ALL LISTINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY OF ANY LISTING, THE CONDITION OF ANY EQUIPMENT, OR THE CONDUCT OF ANY USER.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO (A) YOUR USE OF THE SERVICES, (B) ANY TRANSACTION BETWEEN USERS, (C) THE CONDITION, DESCRIPTION, OR DELIVERY OF ANY EQUIPMENT, OR (D) ANY DISPUTE BETWEEN USERS. THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) THE FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of (a) your use of the Services, (b) your listings, (c) any transaction with another User, or (d) your violation of these Terms.

13. Disputes Between Users

Any dispute arising from a transaction between a buyer and seller is solely between those parties. The Company is not responsible for resolving such disputes and has no obligation to mediate, arbitrate, or otherwise intervene, although it may do so at its discretion.

14. Dispute Resolution with the Company

14.1 Informal Resolution First

Before filing any claim against the Company, you agree to first contact the Company at [email protected] and describe the dispute, allowing thirty (30) days for the Company to respond and attempt to resolve the matter informally.

14.2 Binding Arbitration

If a dispute is not resolved informally, you and the Company agree that it will be resolved by binding individual arbitration rather than in court, except as set out in Section 14.3. The arbitration will be administered by a nationally recognized arbitration provider selected by the Company, under that provider’s rules then in effect. This Section 14 is governed by the Federal Arbitration Act.

You and the Company each waive the right to a trial by jury and the right to participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding.

If the waiver of class, collective, consolidated, or representative actions in this Section 14.2 is found to be unenforceable as to any claim, then this Section 14.2 will not apply to that claim, and that claim will instead be resolved in court in accordance with Section 14.5. The remainder of these Terms will continue to apply in full.

14.3 Exceptions

Either party may instead bring an individual claim in small claims court, or seek injunctive relief in court to prevent misuse of the Platform or infringement of intellectual property rights.

14.4 Opt-Out

You may opt out of the arbitration agreement in Section 14.2 by sending an email to [email protected] with the subject line “Legal Arbitration Opt-Out” within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name and the email address associated with your account.

An opt-out applies only prospectively, to disputes arising after the Company receives your opt-out notice. Because acceptance of the arbitration agreement occurs at sign-up, an opt-out cannot be applied retroactively to any dispute that exists or has been asserted before the Company receives your notice. If you opt out of the arbitration agreement, all other provisions of these Terms continue to apply to you in full, including Section 14.1 (Informal Resolution First) and Section 14.5 (Governing Law and Venue).

14.5 Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 14.2 (Binding Arbitration), any dispute not subject to arbitration will be litigated exclusively in the state courts located in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division, and you consent to the personal jurisdiction and venue of those courts.

15. Termination

The Company may suspend or terminate your account at any time, with or without cause, and with or without prior notice to you, including for violation of these Terms.

Upon termination, your right to access and use the Services immediately ends. The Company may delete your account data at its discretion following termination. You remain responsible for any outstanding fees incurred prior to termination.

16. Modifications to These Terms

The Company may modify these Terms at any time. Revised Terms take effect when posted to the Platform, and the “Last Updated” date above will be revised accordingly. The Company may, but is not obligated to, provide additional notice of changes through the Platform or by email.

Your continued access to or use of the Services after revised Terms are posted constitutes your acceptance of those Terms. If you do not agree to the revised Terms, you must stop using the Services.

17. Intellectual Property and Content License

17.1 Platform Content

The Platform and all content and materials the Company provides, including the PayDirt HQ name, logo, trade dress, design, text, graphics, and software, together with the selection, arrangement, categorization, organization, and compilation of all listings and equipment data appearing on the Platform, are the property of the Company and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, republish, distribute, scrape, harvest, index, mirror, or create derivative works from the Platform or any portion of it without the Company’s prior written consent.

17.2 User Content

Sellers and other Users retain ownership of the listings, photographs, videos, descriptions, specifications, and other content they submit to the Platform (“User Content”).

By submitting User Content, you grant the Company a worldwide, royalty-free, fully paid, perpetual, irrevocable, sublicensable, and transferable license to use, host, store, reproduce, adapt, modify, resize, reformat, translate, publish, publicly display, publicly perform, and distribute that User Content in connection with the Services and the Company’s business, including for advertising, marketing, promotional, and search engine optimization purposes and for syndication or distribution to third-party listing, media, and advertising channels. This license survives the removal or expiration of the applicable listing and the termination of your account.

You represent and warrant that you own or otherwise hold all rights necessary to submit your User Content and to grant the license in this Section, and that your User Content does not infringe or violate the rights of any third party.

The Company may, but is not obligated to, take action against the unauthorized copying, scraping, republication, or other misuse of User Content appearing on the Platform, and you authorize the Company to do so.

18. Privacy

Your use of the Services is also governed by the PayDirt HQ Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how the Company collects, uses, and shares information in connection with the Services.

19. General

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if it cannot be made enforceable, severed from these Terms. The remaining provisions will continue in full force and effect.

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms the Company presents for a specific feature, program, or service, constitute the entire agreement between you and the Company regarding the Services and supersede any prior or contemporaneous agreements or understandings on the subject.

No Waiver. The Company’s failure to enforce any provision of these Terms is not a waiver of its right to enforce that provision, or any other provision, at a later time.

Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without the Company’s prior written consent. The Company may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, reorganization, financing, or sale of assets.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

20. Contact and Company Information

PayDirt HQ is operated by InnovA Technologies, LLC, a Texas limited liability company.

Questions about these Terms may be directed to [email protected].