Terms of Use
Effective Date: May 8, 2026 Last Updated: May 8, 2026
These Terms of Use (the "Terms") govern your access to and use of the websites, software, applications, APIs, and services offered by DealerCX LLC ("DealerCX", "we", "us", or "our"), including the DealerCX platform and any associated mobile or web interfaces (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.
1. Definitions
- "Customer" means the legal entity that has registered to use the Services.
- "User" means an individual authorized by a Customer to access the Services.
- "Customer Data" means data submitted by Customer or its Users to the Services, including data ingested from third-party services such as Intuit QuickBooks Online.
- "Documentation" means the user guides, technical documentation, and policies that DealerCX makes available for the Services.
2. Eligibility and Account Registration
You must be at least 18 years old and legally capable of forming a binding contract to use the Services. You must provide accurate and complete information when registering and keep your account information current. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. Notify us promptly at security@dealercx.com of any unauthorized use.
3. License
Subject to your compliance with these Terms and timely payment of applicable fees, DealerCX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during the term of your subscription.
4. Acceptable Use
You agree not to, and not to permit any User or third party to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services
- Interfere with or disrupt the integrity or performance of the Services or related systems
- Attempt to gain unauthorized access to the Services or to any related accounts, systems, or networks
- Use the Services to transmit malware, viruses, or other malicious code
- Use the Services to send unsolicited communications in violation of applicable law
- Use the Services in violation of any applicable law or regulation
- Resell, sublicense, or otherwise commercially exploit the Services without DealerCX's prior written consent
- Remove, modify, or obscure any proprietary notices included in the Services
- Use the Services to develop a competing product
- Exceed the scope of any usage limits, rate limits, or quotas applicable to your subscription
- Use any automated means (other than authorized APIs) to access the Services
We may suspend or terminate access for violations of this Section.
5. Customer Data
5.1 Ownership
As between you and DealerCX, Customer Data remains the property of the Customer. You grant DealerCX a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Data solely as necessary to provide the Services.
5.2 Data from Third-Party Integrations
When you authorize DealerCX to connect to a third-party service such as Intuit QuickBooks Online, you authorize DealerCX to receive, store, and process data from that service through its API in accordance with the scopes you have granted. You may revoke this authorization at any time. DealerCX will use such data only to provide and improve the Services and will not share it with third parties except as described in our Privacy Policy or as required by law.
5.3 Customer Responsibilities
You are responsible for:
- The accuracy and legality of Customer Data
- Obtaining all necessary rights, consents, and authorizations to provide Customer Data to DealerCX, including consents from end customers, employees, and other individuals whose information appears in the data
- Complying with applicable laws regarding the collection, use, and processing of personal information
- Maintaining your own copies and backups of Customer Data
5.4 Aggregated and De-Identified Data
DealerCX may use aggregated, de-identified, or anonymized data derived from Customer Data to operate, develop, and improve the Services and for benchmarking, statistical analysis, and similar purposes, provided that such data does not identify you, your Users, or your end customers.
6. AI Features
The Services include features powered by artificial intelligence and machine learning. AI-generated outputs may contain errors, omissions, or inaccuracies. You are responsible for reviewing AI-generated outputs before relying on them, particularly for decisions that have legal, financial, regulatory, or operational consequences. AI outputs do not constitute legal, financial, tax, or professional advice.
DealerCX does not use Customer Data, or data received from connected third-party services, to train general-purpose AI models or to develop functionality for other customers.
7. Third-Party Services
The Services may interoperate with third-party services (including Intuit QuickBooks Online and others). DealerCX does not control these third-party services and is not responsible for their availability, content, or practices. Your use of third-party services is subject to the terms and policies of those services. Where we transmit Customer Data to a third-party service at your direction, we do so in accordance with our Privacy Policy and any applicable agreements with the third party.
References to specific third-party services do not imply endorsement or partnership unless explicitly stated.
8. Fees and Payment
Fees, billing terms, and payment methods are as set forth in your applicable subscription order, statement of work, or other agreement with DealerCX. Unless otherwise stated, fees are due in advance, are non-refundable except as required by law, and are exclusive of taxes. You are responsible for all applicable taxes other than taxes on DealerCX's net income.
If a payment is overdue, we may suspend the Services until the balance is paid. Continued non-payment is grounds for termination.
9. Intellectual Property
DealerCX retains all right, title, and interest in and to the Services, including all software, content, designs, trademarks, and intellectual property associated with them. These Terms do not grant you any rights to DealerCX's intellectual property except for the limited license described in Section 3.
If you provide feedback, suggestions, or ideas regarding the Services, DealerCX may use them without restriction or compensation to you.
10. Confidentiality
Each party agrees to protect the confidential information of the other party using the same degree of care it uses to protect its own confidential information of similar importance, but in no event less than reasonable care. Confidential information may be used only as necessary to perform under these Terms and may not be disclosed to third parties except to representatives who need to know and who are bound by confidentiality obligations at least as protective as those in these Terms. This section does not apply to information that is publicly known, independently developed, lawfully obtained from a third party without restriction, or required to be disclosed by law (with prompt notice where permitted).
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. DEALERCX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, OR THAT DEFECTS WILL BE CORRECTED.
DealerCX is not a financial, legal, tax, or accounting advisor. Outputs of the Services, including reports, analytics, summaries, and AI-generated content, are informational and do not constitute professional advice.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- IN NO EVENT WILL DEALERCX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF DEALERCX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- DEALERCX'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO DEALERCX FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply regardless of the form of action and the legal theory of the claim.
13. Indemnification
You agree to defend, indemnify, and hold harmless DealerCX, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your or your Users' use of the Services; (ii) your violation of these Terms; (iii) Customer Data; or (iv) your violation of any applicable law or any rights of a third party.
14. Term and Termination
These Terms apply for as long as you use the Services. Either party may terminate the Terms (and any subscription) for material breach by the other party that remains uncured thirty (30) days after written notice. DealerCX may suspend or terminate access immediately for non-payment, breach of Section 4 (Acceptable Use), or where required by law.
Upon termination:
- Your right to access and use the Services ends immediately
- We will make Customer Data available for export for a period of thirty (30) days, after which we may delete it
- Provisions that by their nature survive (including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution) will continue in effect
15. Modifications to the Services and These Terms
DealerCX may modify the Services from time to time. We may also update these Terms. Material changes to these Terms will be communicated through the Services or by other reasonable means. Continued use of the Services after the effective date of an updated version of the Terms constitutes acceptance of the changes.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware for any disputes that are not subject to arbitration.
[OPTIONAL — INCLUDE ONLY AFTER LEGAL REVIEW:] Arbitration provision: Any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in New Castle County, Delaware. Each party waives any right to a jury trial or to participate in a class action.
17. General Provisions
- Entire Agreement. These Terms (together with any subscription order and the Privacy Policy) constitute the entire agreement between you and DealerCX regarding the Services and supersede all prior or contemporaneous communications, whether written or oral.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect.
- No Waiver. A failure to enforce any provision is not a waiver of the right to do so later.
- Assignment. You may not assign these Terms without DealerCX's prior written consent. DealerCX may assign these Terms without restriction in connection with a merger, acquisition, financing, or sale of assets.
- Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices. Notices to DealerCX must be sent to the address below. Notices to you may be sent to the email address associated with your account.
- Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
- U.S. Government Users. If you are a U.S. government end user, the Services are "commercial computer software" and the use, duplication, and disclosure of the Services is subject to the restrictions set forth in the applicable provisions of the Federal Acquisition Regulations and agency supplements.
18. Contact
For questions about these Terms or the Services, contact us at:
DealerCX LLC 15201 Mason Rd, Suite 1000-164 Cypress, TX 77433 Email: legal@dealercx.com Website: https://www.dealercx.com
Capitalized terms used but not defined in these Terms have the meaning given in the Privacy Policy.