Terms of Service
Effective Date: May 10, 2026
Website: CarSalesSoftware.com
These Terms of Service ("Terms") govern access to and use of CarSalesSoftware.com, including any related software, dashboards, forms, document tools, CRM features, desking tools, inventory tools, contract-preparation tools, automation features, support services, implementation services, and related products or services (collectively, the "Services").
By creating an account, signing an Order Form, paying an invoice, using the Services, or accessing CarSalesSoftware.com, you agree to these Terms. If you accept these Terms on behalf of a business, you represent that you have authority to bind that business.
These Terms are intended for business-to-business use. The Services are not sold directly to consumers as a consumer legal, lending, insurance, warranty, registry, or financial product.
1. Definitions
"Order Form" means any ordering document, online checkout, invoice, proposal, statement of work, or written addendum referencing these Terms. "Client," "Customer," "Dealer," "you," and "your" mean the business, dealership, or company purchasing or accessing the Services. "CarSalesSoftware.com," "we," "us," and "our" mean the provider of the CarSalesSoftware.com platform. "Customer Data" means business data, customer records, vehicle data, deal data, documents, and other content that you or your users upload to or generate through the Services. "Confidential Information" means non-public information disclosed by one party to the other. "Subprocessor" means a third party engaged by us to process Customer Data.
2. Order of Precedence
If there is a conflict between these Terms and a signed Order Form, the signed Order Form controls for that specific purchase. If there is a conflict between these Terms and any policy linked from the Services (privacy policy, acceptable use policy, data processing terms), the policy controls only for the subject matter it addresses. All other conflicts are resolved in favor of these Terms.
3. The Services
CarSalesSoftware.com provides software tools for automotive dealerships and related businesses. Services may include CRM and lead management, inventory management, desking tools, F&I workflow tools, document preparation tools, customer intake tools, deal jacket organization, task management, appointment scheduling, automation workflows, reporting dashboards, AI-assisted operational tools, website and lead capture tools, and implementation, onboarding, configuration, and support services. The Services are designed to help dealerships organize and manage business operations. They do not replace professional legal, financial, tax, lending, registry, insurance, warranty, or compliance advice.
4. No Legal, Financial, or Compliance Advice; Dealer Responsibility for Forms and Documents
CarSalesSoftware.com is a software platform. We are not a law firm, lender, bank, credit union, insurance company, warranty administrator, registry agency, tax advisor, accounting firm, or government agency. Nothing we provide is legal, tax, financial, lending, registry, insurance, warranty, or compliance advice. You are solely responsible for confirming that your use of the Services, forms, documents, workflows, disclosures, pricing, fees, contracts, and customer communications complies with all applicable federal, state, and local laws, and for obtaining review from your own attorney, compliance consultant, lender partners, forms provider, accountant, insurer, warranty administrator, and any applicable state or registry authority before relying on any document, workflow, or process created through the Services. The Services may help you prepare, organize, populate, store, or print documents. You are solely responsible for ensuring that every document used in your business is accurate, current, approved, compliant, and accepted by the relevant lender, state agency, registry agency, warranty provider, insurer, or other required party.
5. Industry-Specific Regulatory Responsibilities
You acknowledge that auto dealers are subject to a range of federal and state regulations, including but not limited to: The FTC Safeguards Rule (16 CFR Part 314); The Gramm-Leach-Bliley Act ("GLBA") and its Privacy Rule; The FTC Disposal Rule (16 CFR Part 682); The Red Flags Rule (16 CFR Part 681); The CARS Rule (16 CFR Part 463); The Equal Credit Opportunity Act / Regulation B, the Truth in Lending Act / Regulation Z, and the Fair Credit Reporting Act; The Telephone Consumer Protection Act ("TCPA"), CAN-SPAM, and applicable state consent and do-not-call laws; State privacy laws. You are solely responsible for compliance with all such laws as they apply to your business. The Services are tools; they are not a compliance program, and using them does not by itself satisfy any legal obligation.
6. Account Access and Authorized Users
You are responsible for all activity under your account. You agree to keep login credentials secure, limit access to authorized employees or contractors, remove users who no longer require access, use appropriate permission levels, notify us promptly of suspected unauthorized access, and not share administrator credentials with unauthorized parties. We may suspend or restrict access if we reasonably believe the account is being misused, compromised, used unlawfully, or used in a way that creates risk to the Services, customers, or third parties.
7. Customer Data; Privacy Roles
You retain all rights in Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, back up, and otherwise use Customer Data solely as needed to provide and improve the Services, prevent or address technical or security issues, and comply with law. You represent that you have all rights, consents, and authority required to collect, upload, transmit, process, and have us process the Customer Data. For purposes of state privacy laws, we act as your service provider or processor with respect to Customer Data.
8. Sensitive Information; Nonpublic Personal Information
You may upload regulated information (such as driver's license numbers, dates of birth, Social Security numbers, credit application information, consumer-report information, bank or payment card information, insurance information, or government identification) only to fields, modules, or storage areas that are configured to receive that category of data, and only to the extent necessary for your legitimate business purposes. You are responsible for determining what information your dealership may lawfully collect, retain, disclose, transmit, or delete, for issuing required privacy notices to your customers, and for maintaining your own information security program.
9. Security; Subprocessors
We will maintain administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data, consistent with industry-standard practices for B2B SaaS providers. We may engage Subprocessors to perform parts of the Services. We remain responsible for our Subprocessors' performance under these Terms.
10. Telephone, SMS, and Email Communications
If you use the Services to send telephone calls, SMS or MMS messages, voicemails, or marketing email to your customers or prospects, you are solely responsible for compliance with the TCPA, CAN-SPAM, state telemarketing and consent laws, federal and state do-not-call lists, message-content rules, sender identification rules, opt-out handling, calling-time restrictions, and any messaging-platform or carrier registration requirements (including 10DLC and similar registrations). You represent that you have obtained and will maintain all consents legally required to send each call, text, or email through the Services, and that you will honor opt-outs.
11. Fees and Payment
11.1 Fees. You agree to pay all fees described in your Order Form, invoice, checkout page, or selected pricing plan. 11.2 Authorization to charge. You authorize us and our payment processors to charge your selected payment method for all approved fees. 11.3 Setup fees. Setup fees may cover onboarding, account configuration, planning, platform setup, workflow configuration, training preparation, technical setup, implementation work, and administrative costs. Unless otherwise stated in writing, setup fees are non-refundable once onboarding, configuration, planning, or implementation work has begun. 11.4 Cancellation; no refunds for unused time. Cancellation stops future billing after the current billing period or after any required notice period. Subscription fees already charged are not refundable for partial months, unused access, or non-use. 11.5 Late payment; suspension. If a payment fails or becomes past due, we may retry the payment method, send reminders, suspend access, pause implementation work, restrict support, terminate the account, or refer unpaid balances for collection. 11.6 Disputes. You agree to contact us first before initiating a chargeback or payment dispute. 11.7 Taxes. Fees are exclusive of taxes.
12. Implementation and Professional Services
If you purchase implementation, onboarding, customization, or "Done For You" services, we will provide the services described in your Order Form, proposal, invoice, or written scope of work. Unless expressly included in writing, professional services do not include legal review, compliance certification, state form approval, lender approval, custom integrations, unlimited revisions, unlimited meetings, data cleanup, historical data migration, custom software development, third-party subscription fees, or registry, lender, warranty, or insurance approvals. You agree to provide timely access, information, approvals, content, branding materials, logins, policies, and decisions.
13. Third-Party Services
The Services may connect with or rely on third-party services, including payment processors, CRM providers, email providers, SMS providers, hosting providers, lenders, DMS providers, forms providers, AI providers, and analytics tools. We are not responsible for third-party outages, pricing or policy changes, data loss, account restrictions, rejected forms, declined applications, or service failures caused by third parties. You are responsible for complying with any third-party terms that apply to your use of connected services.
14. AI Features
The Services may include AI-assisted tools. AI output may be inaccurate, incomplete, outdated, or inappropriate for a specific legal, compliance, financial, or business use. You are responsible for reviewing, editing, approving, and verifying all AI-assisted output before relying on it or using it with customers, lenders, regulators, employees, or third parties. You will not use AI features to make final, automated decisions about credit, lending, employment, insurance, legal rights, eligibility, or other regulated consumer outcomes without appropriate human review and compliance with applicable law.
15. Beta and Experimental Features
We may make pre-release, beta, evaluation, or experimental features available ("Beta Features"). Beta Features are provided "as is," may be changed or discontinued at any time, and are excluded from any service-level commitments. Use of Beta Features is at your own risk, and our liability for Beta Features is limited to the maximum extent permitted by law.
16. Acceptable Use
You will not, and will not permit anyone using your account to: violate law or regulation; mislead consumers; create false documents or forge signatures; alter records unlawfully; commit fraud; send spam or unlawful communications; harass any person; upload malware; attempt unauthorized access to any system; resell or sublicense the Services without our written permission; scrape, reverse engineer, decompile, or copy the software; circumvent security or rate-limiting controls; benchmark the Services for a competing product; or use the Services for unlawful lending, insurance, warranty, or financial activity. We may suspend or terminate accounts that violate these rules.
17. Electronic Signatures and Records
The Services may support electronic records, acknowledgments, initials, signatures, approvals, timestamps, and audit trails. You are responsible for determining whether electronic signatures and records are appropriate for your intended use, for obtaining required consents from customers and users, and for complying with the federal E-SIGN Act, applicable state UETA equivalents, and any sector-specific rules. We do not warrant that any electronic signature, record, audit trail, or document will be accepted by any court, lender, registry agency, government agency, warranty provider, insurer, or other third party.
18. Service Levels and Support
Support is provided by the channels and at the response targets described in your Order Form or current support policy. Unless an Order Form states otherwise, the Services are provided without a contractual uptime commitment, and support does not include legal advice, compliance certification, emergency IT services, custom development, or third-party troubleshooting. We will use commercially reasonable efforts to keep the Services available, except for scheduled maintenance, emergency maintenance, force majeure events, or third-party service failures.
19. Data Backups, Retention, and Export
We may maintain backups for operational and disaster-recovery purposes. You are responsible for maintaining your own copies of critical business records, contracts, customer documents, deal jackets, accounting records, compliance records, and other required files. For ninety (90) days following termination of your subscription, you may request export of Customer Data in a commercially reasonable format.
20. Confidentiality
Each party agrees to use the other party's Confidential Information only as needed to exercise its rights and perform its obligations under these Terms, to protect it with at least the same degree of care it uses for its own confidential information of like kind (and no less than reasonable care), and not to disclose it except to employees, contractors, advisors, and Subprocessors with a need to know who are bound by confidentiality obligations no less protective than these.
21. Intellectual Property
CarSalesSoftware.com, the Services, and all related software, designs, workflows, templates, code, interfaces, documentation, branding, and platform structure are owned by us or our licensors. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the subscription term solely for your internal business operations. We reserve all rights not expressly granted.
22. Client Content; Feedback
You retain ownership of Customer Data and any logos, text, uploaded documents, and other content you provide. You grant us the rights described in Section 7 to use that content as needed to provide the Services. You represent that you have all rights necessary to provide and use the content uploaded to the Services. If you provide suggestions, ideas, enhancement requests, or feedback regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback into our products and services without restriction or obligation to you.
23. Publicity
Neither party will issue a press release referencing the other without prior written consent. We may, however, identify you as a customer and use your name and logo in customer lists on our website and in standard sales and marketing materials, in a manner consistent with your published brand guidelines.
24. Disclaimers
Except as expressly stated in these Terms, the Services are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted or error-free, that all errors will be corrected, that documents or workflows will be legally sufficient, that forms will be accepted by lenders or agencies, that workflows will satisfy any specific compliance requirement, that AI output will be accurate, that third-party integrations will always work, or that the Services will increase sales, profits, approvals, or conversions. You use the Services at your own business risk.
25. Limitation of Liability
25.1 Cap. To the maximum extent permitted by law, each party's total cumulative liability arising out of or relating to these Terms or the Services will not exceed the amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim. 25.2 Excluded damages. Neither party will be liable for lost profits, lost revenue, lost deals, lost data, compliance penalties, rejected contracts, lender denials, customer disputes, or any indirect, incidental, special, consequential, or punitive damages. 25.3 Carve-outs. The cap and exclusions do not apply to your obligation to pay fees, either party's indemnification obligations, breach of confidentiality, infringement of intellectual property, or liability that cannot be limited by law.
26. Indemnification
26.1 By Client. You will defend, indemnify, and hold harmless CarSalesSoftware.com and its officers, directors, employees, and agents from and against any third-party claim arising out of or relating to: your use of the Services; your dealership operations; your customer communications; your documents or forms; your violation of law; your handling of Customer Data; your payment disputes; or your breach of these Terms. 26.2 By CarSalesSoftware.com. We will defend you against any third-party claim alleging that the Services infringe a valid United States patent, copyright, or trademark, or misappropriate a trade secret.
27. Suspension and Termination
We may suspend or terminate access if payment is past due, you violate these Terms, your account creates a security risk, you misuse the Services, you violate applicable law, you abuse staff or support, a third-party provider restricts a required service, or continuing service would create material legal, financial, security, or reputational risk. Either party may terminate for material breach not cured within thirty (30) days after written notice.
28. Effect of Termination
Upon termination, your right to access the Services ends. Sections 1, 2, 4, 5, 7, 8, 11, 14, 16, 19, 20, 21, 22, 24, 25, 26, 28–37 survive termination.
29. Force Majeure
Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or third-party platform or carrier failures.
30. Compliance with Laws
Each party will comply with laws applicable to its performance under these Terms. You are specifically responsible for compliance with the laws referenced in Sections 4, 5, 8, and 10.
31. Changes to Services or Terms
We may update the Services, features, pricing, policies, and these Terms from time to time. Continued use of the Services after a change takes effect constitutes acceptance of the updated Terms.
32. Notices
Notices to you may be given by email to your account contact, by in-product notification, or by posting in the Services. Notices to us must be sent by email to legal@carsalessoftware.com.
33. Dispute Resolution; Governing Law
33.1 Informal resolution. Before filing a lawsuit, the parties will try in good faith to resolve any dispute. 33.2 Governing law. These Terms are governed by the laws of the Commonwealth of Massachusetts. 33.3 Venue. Any dispute will be brought exclusively in the state or federal courts located in Massachusetts. Each party waives any right to a jury trial.
34. Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets.
35. General
Severability. If any provision is held unenforceable, the remaining provisions remain in effect. Waiver. A failure to enforce a right is not a waiver. Independent contractors. The parties are independent contractors. No third-party beneficiaries. These Terms do not create rights in third parties. Headings. Headings are for convenience only.
36. Entire Agreement
These Terms, together with any Order Form, invoice, proposal, statement of work, privacy policy, data processing terms, or written addendum, form the entire agreement between the parties regarding the Services.
37. Contact
Questions about these Terms: legal@carsalessoftware.com
Payment Authorization
By submitting payment, signing this agreement, or approving this Order Form, Client authorizes CarSalesSoftware.com and its payment processor to charge the selected payment method for the one-time setup fee, recurring subscription fees, and any approved add-on services described in the selected plan, invoice, Order Form, or statement of work. Client understands that setup fees are billed in advance and, unless otherwise stated in writing, are non-refundable once onboarding, configuration, planning, or implementation work begins. Client understands that subscription fees are billed in advance on a recurring basis until canceled in accordance with the applicable cancellation terms, and that subscription fees are not refundable for partial months, unused access, missed meetings, delayed approvals, or non-use of the platform. Client represents that the individual approving this purchase is authorized to bind the business named on this order.
Checkout Disclosure
Today's payment includes the selected one-time setup fee and, if applicable, the first monthly subscription payment. By continuing, you agree to the CarSalesSoftware.com Terms of Service and Privacy Policy, authorize recurring billing for the selected monthly plan, and confirm that you are authorized to purchase services on behalf of your business.
Refund Policy (Summary)
Setup fees are non-refundable once onboarding, configuration, implementation planning, account setup, or technical work has begun. Monthly subscription payments are billed in advance and are not refundable for partial months, unused access, missed meetings, delayed client approvals, or failure to use the platform. If CarSalesSoftware.com fails to deliver a purchased service due solely to its own fault, the customer may request a service credit or reasonable correction of the issue. Refunds are not guaranteed unless required by law or agreed in writing.