Last updated: 2026-07-08
These Terms of Service (the “Terms”) govern your use of the Hammerwerks auction platform (the “Service”), operated by Michael Weber d/b/a Hammerwerks (“Hammerwerks,” “we,” “us”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Hammerwerks provides software for auctioneer businesses to catalog inventory, run online and live auctions, take bids, and settle sales. The Service includes a web application, an API, and related infrastructure. We do not act as auctioneer, broker, escrow agent, or party to any sale conducted on the platform.
You must be at least 18 years old and legally capable of entering into contracts to use the Service. You are responsible for keeping your account credentials secure and for all activity that occurs under your account. Notify us at security@hammerwerks.com immediately if you suspect unauthorized use.
If you use the Service to run auctions:
Access to the Service requires a paid subscription at one of the tiers described on the pricing page. Subscription fees are charged in advance, monthly or annually. Fees are non-refundable except as required by law or expressly stated in these Terms. You may cancel at any time; cancellation is effective at the end of the current billing period.
We do not take a commission on hammer prices. Payment processing for buyers is handled by Stripe, Inc., subject to Stripe’s terms of service. Card and bank fees charged by Stripe are separate from Hammerwerks subscription fees.
AI features consume “credits” from a per-tenant balance. Credits are non-refundable and expire per the terms shown in your account. Overage credit packs are one-time purchases and do not renew.
The Service uses third-party AI models (including but not limited to Anthropic Claude and Voyage AI) to draft lot descriptions, suggest estimates, and surface comparable sales. AI output may be inaccurate or incomplete. You are solely responsible for reviewing and verifying AI-generated content before publishing it to bidders or acting on it. Hammerwerks makes no warranty that AI output will meet any specific standard of accuracy, completeness, or fitness for purpose.
You retain all rights to the content you upload to the Service (photos, lot descriptions, bidder lists, etc.) subject to the license below. You grant Hammerwerks a limited, non-exclusive, worldwide license to store, process, and display your content solely to provide the Service to you and, where applicable, to derive aggregated, non-identifying market comparables that improve the platform for all users. Aggregated comparables do not include your business name, tenant identifier, or any information that identifies a specific consignor or buyer.
You may not use the Service to:
You may terminate your account at any time from within the Service. We may suspend or terminate your account if you materially breach these Terms, fail to pay fees when due, or use the Service in a way that we believe creates legal or financial risk. Upon termination, you may export your data for 30 days; after that, we may delete it.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAMMERWERKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAMMERWERKS’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS. IN NO EVENT WILL HAMMERWERKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
You agree to indemnify and hold harmless Hammerwerks against any claim, loss, or expense arising from (a) content you upload or publish through the Service, (b) sales you conduct through the Service, (c) your violation of these Terms or applicable law, or (d) any dispute between you and a bidder, consignor, or third party.
These Terms are governed by the laws of the State of Minnesota, USA, without regard to conflict-of-laws principles. Any dispute arising out of these Terms will be resolved in the state or federal courts located in Hennepin County, Minnesota, and both parties consent to the exclusive jurisdiction of those courts.
We may update these Terms from time to time. We will post the updated version at this URL and update the “Last updated” date. For material changes, we will notify account holders by email at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
Questions about these Terms: hello@hammerwerks.com.