Terms of Service

Effective Date: March 23, 2026

1. Acceptance of Terms

By accessing or using the Dealer Data Solutions platform (the "Platform") or website at dealerdatasolutions.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Platform on behalf of a dealership or other organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Platform.

2. Description of Service

Dealer Data Solutions provides a cloud-based dealership management platform that includes:

  • Customer relationship management (CRM)
  • Integrated voice and SMS communications
  • Credit application processing
  • Deal structuring and payment calculation
  • Vehicle inventory management
  • Reporting and analytics

We reserve the right to modify, suspend, or discontinue any feature of the Platform at any time with reasonable notice.

3. Account Registration and Security

  • You must provide accurate and complete registration information.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You must notify us immediately of any unauthorized use of your account.
  • Each user account is for a single individual. Sharing login credentials is prohibited.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Platform for any purpose that violates applicable local, state, national, or international law.
  • Submit false, misleading, or fraudulent information, including on credit applications.
  • Attempt to access data belonging to other dealerships or users.
  • Reverse engineer, decompile, or disassemble any part of the Platform.
  • Use the Platform to transmit spam, unsolicited communications, or harassing messages.
  • Attempt to circumvent rate limits, access controls, or other security measures.
  • Use automated tools (bots, scrapers) to access the Platform without written permission.

5. Data Ownership and Responsibilities

5.1 Your Data

You retain ownership of all data you enter into the Platform, including customer records, deal information, and inventory data ("Your Data"). We do not claim ownership of Your Data.

5.2 License to Operate

By using the Platform, you grant us a limited license to store, process, and transmit Your Data solely for the purpose of providing and improving the Platform services.

5.3 Your Responsibilities

As a dealership using the Platform, you are responsible for:

  • Obtaining appropriate consent from consumers before collecting their personal information.
  • Ensuring that credit application data is handled in accordance with GLBA, the FTC Safeguards Rule, and all applicable regulations.
  • Managing user access and permissions within your dealership account.
  • Maintaining your own data backups as appropriate.
  • Complying with all applicable federal, state, and local laws governing your dealership operations.

5.4 Consumer Data

Consumer financial information submitted through credit applications is processed and stored on your behalf. You, as the dealership, are the data controller. Dealer Data Solutions acts as a data processor and will handle this data in accordance with our Privacy Policy and applicable law.

6. Communications Services

The Platform includes integrated voice calling and SMS/text messaging features. By using these features:

  • You agree to comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable communications laws.
  • You are responsible for obtaining appropriate consent before contacting consumers via call or text.
  • You acknowledge that calls and messages may be recorded and logged within the Platform for quality and record-keeping purposes.
  • You will not use the communications features for telemarketing without proper consent and compliance with Do-Not-Call regulations.

6.1 SMS/Text Messaging Terms

When consumers provide their phone number through a dealership using the Platform, they may receive text messages related to their inquiry or transaction. The following terms apply to all SMS/text messaging conducted through the Platform:

Types of Messages

Messages sent through the Platform may include:

  • Responses to customer inquiries
  • Appointment confirmations and reminders
  • Vehicle availability and status updates
  • Deal and financing updates
  • Service and delivery notifications
  • Follow-up communications related to an existing transaction or inquiry

Message Frequency

Message frequency varies based on the nature of the interaction and the dealership's communication with the consumer. Messages are transactional in nature and are related to an existing or prospective business relationship.

Opt-Out

Consumers may opt out of receiving text messages at any time by replying STOP to any message. Upon receiving a STOP request, no further text messages will be sent to that number unless the consumer re-initiates contact. For assistance, consumers may reply HELP to receive support information.

Consent

By providing a phone number through a credit application, contact form, or other inquiry submitted through the Platform, consumers consent to receive text messages from the dealership at the number provided. Consent is not a condition of purchase. Consumers may revoke consent at any time by replying STOP.

Message and Data Rates

Standard message and data rates may apply depending on the consumer's mobile carrier and plan. Dealer Data Solutions and participating dealerships are not responsible for any charges incurred by the consumer's carrier.

Carrier Liability

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from the consumer's wireless service provider.

Data Handling

Phone numbers and messaging data collected through the Platform are used solely for the purposes described in this section and our Privacy Policy. We do not sell, rent, or share phone numbers or messaging opt-in data with third parties for marketing purposes. Messaging opt-in consent data is not shared with any third party.

6.2 DDS-to-Dealership Communications

By registering for a Dealer Data Solutions account, dealership staff consent to receive text messages and emails from DDS related to:

  • Account setup and onboarding
  • Platform updates and maintenance notifications
  • Billing and subscription notices
  • Security alerts and password resets
  • Support and troubleshooting responses
  • Product announcements and feature updates

Message frequency varies. These messages are transactional and service-related. Standard message and data rates may apply. Dealership staff may opt out of non-essential messages (such as product announcements) by replying STOP or adjusting notification preferences within the Platform. Security alerts, billing notices, and account-critical messages cannot be opted out of while the account remains active.

7. Fees and Payment

Access to the Platform is provided on a subscription basis. Specific pricing, billing cycles, and payment terms will be outlined in a separate Subscription Agreement or Order Form. Unless otherwise stated:

  • Fees are billed in advance on a monthly or annual basis.
  • All fees are non-refundable except as required by law.
  • We reserve the right to change pricing with 30 days' written notice.
  • Failure to pay may result in suspension or termination of access.

8. Service Availability

We strive to maintain high availability of the Platform but do not guarantee uninterrupted service. We are not liable for any downtime, whether scheduled or unscheduled, including downtime caused by:

  • Scheduled maintenance (we will provide reasonable advance notice).
  • Third-party service outages (hosting, database, communications providers).
  • Force majeure events (natural disasters, government actions, internet disruptions).

9. Intellectual Property

The Platform, including its design, code, features, documentation, and trademarks, is the property of Dealer Data Solutions and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Platform without our prior written consent.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • DEALER DATA SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
  • OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
  • WE ARE NOT LIABLE FOR DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS OR REGULATIONS, INCLUDING GLBA, TCPA, OR STATE DEALER LICENSING REQUIREMENTS.

11. Indemnification

You agree to indemnify, defend, and hold harmless Dealer Data Solutions, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from:

  • Your use of the Platform.
  • Your violation of these Terms.
  • Your violation of any applicable law or regulation.
  • Any third-party claims related to data you entered into the Platform.

12. Termination

  • By you: You may cancel your subscription at any time by providing written notice. Access will continue through the end of the current billing period.
  • By us: We may suspend or terminate your access immediately if you violate these Terms, fail to pay fees, or if continued service poses a security risk.
  • Effect of termination: Upon termination, we will make Your Data available for export for 90 days. After the export period, Your Data will be securely deleted in accordance with our data retention policies.

13. Dispute Resolution

Any disputes arising from these Terms or your use of the Platform will be resolved as follows:

  • Informal resolution: The parties will first attempt to resolve disputes through good-faith negotiation.
  • Governing law: These Terms are governed by the laws of the State in which Dealer Data Solutions is incorporated, without regard to conflict of law principles.
  • Jurisdiction: Any legal action must be brought in the courts located in the jurisdiction where Dealer Data Solutions maintains its principal place of business.

14. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes via email or through the Platform at least 30 days before they take effect. Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

15. Contact

For questions about these Terms of Service, contact us:

Dealer Data Solutions
Email: Inquiry@dealerdatasolutions.com