Terms of Service

These Terms of Service (“Terms”) cover your use of frunkery.com and everything we offer on it (the “Platform”). The Platform is operated by Frunkery (a company registered in Australia, ABN 40 695 652 046) (“Frunkery”, “we”, “us”). By creating an account, listing a vehicle, sending an inquiry or otherwise using the Platform, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use the Platform.

The Platform is offered to people in the United States.

Frunkery is an advertising and discovery venue for electric vehicles, plug-in hybrids, hybrids and other electrified vehicles, with tools and information around owning one (charging, service providers, guides and a community).

• We are not a dealer, broker, auctioneer, lender, insurer or escrow agent.
• We are not a party to any sale. The contract for a vehicle is between the buyer and the seller.
• We don’t take payment for a vehicle, hold funds, transfer a title or deliver a car.
• We don’t own, inspect, test, certify or guarantee any vehicle, unless a listing says a named third party did.

• You must be at least 18 and able to enter a binding contract.
• We confirm your email address with a one-time code. Keep your password and that inbox secure: whoever controls them controls your account.
• Give accurate information and keep it current.
• You are responsible for what happens under your account.
• We may suspend or close an account that breaks these Terms or puts other users at risk.

When you list a vehicle, you promise that:

• you own it or have the owner’s authority to sell it;
• the VIN, mileage, price, photos and description are accurate, and the photos show the actual vehicle;
• you have disclosed anything a reasonable buyer would want to know, including title brands (salvage, rebuilt, flood, lemon-law buyback), liens, accident damage, open recalls you know of and anything that doesn’t work;
• your answers in the Condition Report (battery health, range, tires, bodywork and the rest) are your honest statements about the car;
• the vehicle is not stolen and you will comply with the laws of your state when you sell it, including title transfer, odometer disclosure and any dealer-licensing rules that apply to how many vehicles you sell.

Only electrified vehicles can be listed. Private listings are reviewed before they go live, and we may edit formatting, decline, pause or remove any listing. Listings and their history are kept as a record: a sold car’s page stays up, marked as sold, without the seller’s details.

Dealers must hold every license their state requires and must follow federal and state advertising rules, including the FTC Used Car Rule.

To save sellers typing and give buyers facts, we add data from third parties to listings and pages: VIN decoding and recall data from the National Highway Traffic Safety Administration, range and efficiency figures from the Environmental Protection Agency, charging-station data from the Department of Energy, and business information from public sources. We pass this data on as we receive it. It can be incomplete, out of date or wrong for a particular car, and estimates (range, payments, charging costs) are estimates. Check anything that matters to you with the seller and the source.

Statements in a listing are the seller’s, not ours. Before you pay for any vehicle, inspect it (or have a qualified shop do it), confirm the title and any lien, check the VIN for recalls and history, and never send a deposit to someone you haven’t verified. Our guide to how prices work explains what an asking price usually leaves out.

When a buyer sends an inquiry, we pass their name, contact details and message to the seller. To keep scams out, we screen messages automatically and by hand, and we may hold, delay or decline to deliver a message without telling the sender. Use contact details you receive through the Platform only for the sale in question: no marketing lists, no resale, no harassment.

• A basic listing is free. Paid plans and boosts are optional, and the price is shown before you pay.
• All prices are in US dollars. If sales tax applies to your purchase, it is shown at checkout.
• Payments are one-time charges handled by Stripe. We never see or store your full card number. Nothing renews or re-bills on its own unless we clearly tell you at checkout that it is a subscription.
• We charge no commission when your vehicle sells.
• A paid plan or boost buys placement and features for the period shown. It does not guarantee inquiries, a sale or a price.
• Fees are non-refundable once the plan or boost has started, except where the law requires a refund or we say otherwise in writing. If something went wrong with a charge, email us and a real person will sort it out.
• Discount codes carry the conditions and expiry date shown with them.

You keep ownership of the photos, video, text and reviews you post. You give Frunkery a worldwide, non-exclusive, royalty-free license to host, display, reproduce, adapt (for example resizing photos or generating a flyer) and distribute that content to operate and promote the Platform, including in search engines, vehicle feeds, social posts and emails, for as long as the content is on the Platform and for sold listings afterwards as part of the public record. You promise you have the rights to grant this.

Some tools use artificial intelligence to draft text for you, such as a listing description. You are responsible for checking and correcting anything you publish.

Posts in the Frunkery community and reviews are the opinions of the people who wrote them. Keep it truthful, civil and on topic. Business listings in the services directory are compiled from public sources and from the businesses themselves; ratings and license information come from the third parties named beside them. Being listed is not an endorsement by Frunkery. Businesses can claim or correct their page.

• Post false, misleading or fraudulent listings, or roll back or misstate an odometer reading.
• List stolen vehicles, or vehicles you have no right to sell.
• Run deposit, overpayment, shipping-agent or escrow scams, or ask users to pay outside a method they can verify.
• Harass, threaten or discriminate against other users.
• Scrape, copy or republish listings, photos or contact details, or use automated tools on the Platform without our written permission (search engines following our robots rules are fine).
• Send spam or unsolicited marketing through the Platform.
• Interfere with the Platform’s security, moderation or payment systems.
• Use the Platform for anything unlawful.

If you believe content on the Platform infringes your copyright, email hello@frunkery.com with: the work you own, the exact page where the content appears, your contact details, a statement that you have a good-faith belief the use is not authorized, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act for the owner, and your signature. We remove infringing content and close the accounts of repeat infringers.

The Platform, and all listings, data, estimates and tools on it, are provided “as is” and “as available”. To the fullest extent the law allows, Frunkery disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don’t warrant that any listing is accurate, that any seller or buyer is who they say they are, or that any vehicle is safe, legal, or as described.

To the fullest extent the law allows, Frunkery and its owners, staff and suppliers are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, arising from your use of the Platform or from any dealing between users, including the purchase or sale of a vehicle. Our total liability for any claim is limited to the greater of $100 or the fees you paid us in the 12 months before the claim arose. Some states don’t allow certain limits, so parts of this section may not apply to you, and nothing here limits rights the law says can’t be limited.

If you have a dispute with another user, it is between the two of you, and you release Frunkery from claims arising from it. You agree to indemnify Frunkery against claims and costs that arise from your listings, your content, your vehicle or your breach of these Terms.

You can close your account at any time by emailing us. We may suspend or end access for anyone who breaks these Terms. We may change the Platform, and we may update these Terms: when a change is material we will email registered users or post a notice before it takes effect, and continuing to use the Platform after that means you accept the updated Terms.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, and the state and federal courts located there have jurisdiction over disputes, except where the consumer-protection law of your home state gives you the right to bring a claim there. If any part of these Terms is found unenforceable, the rest stays in force.

Questions about these Terms? hello@frunkery.com

PO Box 166, Fountain Gate VIC 3805, Australia

Frunkery (a company registered in Australia, ABN 40 695 652 046)