DealerM
Legal

Terms of Service

Last updated: April 9, 2025

Please read these Terms of Service ('Terms', 'Terms of Service') carefully before using the DealerM website and platform (the "Service") operated by DealerM, Inc. ('us', 'we', or 'our').

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Subscription and Payments

Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis ('Billing Cycle'). Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or DealerM, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting DealerM, Inc. customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide DealerM, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize DealerM, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

3. Free Trial

DealerM, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by DealerM, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable subscription fee for the type of Subscription you have selected.

4. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

5. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of DealerM, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DealerM, Inc.

6. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

7. Limitation of Liability

In no event shall DealerM, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

DealerM, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

11. Contact Us

If you have any questions about these Terms, please contact us at legal@dealerm.com.

Welcome to DealerM (“the Platform”). By accessing or using DealerM, you agree to be bound by the following Terms & Conditions. If you do not agree with these Terms, please do not use the Platform.

1. Overview

DealerM is a software platform designed to facilitate dealership management, including but not limited to vehicle inventory, sales, customer relationship management, and analytics. These Terms apply to all users of DealerM, including dealers, employees, agents, and any other authorized or unauthorized users.

2. Eligibility

You must be at least 18 years of age to use DealerM. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

3. User Responsibilities

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You must comply with all applicable laws, regulations, and industry standards when using DealerM.
  • You agree not to misuse the Platform or engage in any fraudulent, libelous, or illegal activities.
  • You are solely responsible for ensuring compliance with local dealership regulations, record-keeping requirements, and any other obligations related to your business.

4. Disclaimer of Liability

DealerM is provided on an “AS IS” and “AS AVAILABLE” basis. We do not guarantee that the Platform will meet your expectations or be free from errors, interruptions, or security breaches.

To the fullest extent permitted by law, DealerM and its owners, employees, agents, and affiliates disclaim any liability for:

  • Any indirect, special, incidental, punitive, or consequential damages arising from the use or inability to use the Platform.
  • Any unauthorized access to or alteration of your data, or any data breaches resulting from external malicious activities.
  • Compliance with any local, state, or federal regulations that govern automotive dealerships, consumer protection, or tax obligations.

5. No Warranties

DealerM, to the maximum extent allowed by applicable law, provides no warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that your use of the Platform will be uninterrupted, error-free, or secure.

6. Indemnification

You agree to indemnify, defend, and hold harmless DealerM and its owners, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your breach of these Terms or violation of any law or the rights of a third party.
  • Any content or data you submit, post, or transmit through DealerM.
  • Your use or misuse of the Platform, including any acts of fraud, negligence, or willful misconduct.

7. Intellectual Property

All trademarks, service marks, logos, and trade names displayed on DealerM are the property of their respective owners. Any unauthorized use, reproduction, or distribution of proprietary content is strictly prohibited.

8. Modifications & Termination

We reserve the right to modify, suspend, or discontinue any aspect of DealerM at any time, including the availability of any feature, without prior notice. We also reserve the right to update or revise these Terms at our sole discretion. The most current version will be posted on our website. Your continued use of the Platform following any changes indicates your acceptance of the revised Terms.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which DealerM is operated, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration or a mutually agreed-upon alternative dispute resolution process, unless otherwise required by applicable law.

10. Entire Agreement

These Terms, together with any additional policies referenced herein, constitute the entire agreement between you and DealerM regarding your use of the Platform and supersede all prior agreements or understandings, whether written or oral.