Terms of Service

1. Acceptance of Terms

By accessing or using the AutoAssist platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms apply to all users of the Service, including dealerships, administrators, team members, and any other users accessing the platform.

2. Service Description

AutoAssist provides a cloud-based customer communication platform designed for automotive dealerships. The Service includes SMS message management, case tracking, team collaboration tools, analytics, and related features.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts and Responsibilities

Account Registration

You must provide accurate, current, and complete information during registration and maintain the accuracy of this information. You are responsible for maintaining the confidentiality of your account credentials.

Acceptable Use

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

• Violate any applicable laws or regulations
• Send unsolicited or unauthorized messages (spam)
• Violate telecommunications regulations, including the TCPA
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit viruses or malicious code

4. SMS Messaging Compliance

You are solely responsible for ensuring compliance with all applicable laws and regulations regarding SMS communications, including but not limited to the Telephone Consumer Protection Act (TCPA) and related state laws.

You must obtain proper consent from recipients before sending SMS messages and must honor opt-out requests promptly. AutoAssist provides tools to help you comply, but ultimate responsibility for compliance rests with you.

5. Payment Terms

Pricing for the Service is determined on a case-by-case basis and will be outlined in your service agreement. You agree to pay all fees associated with your use of the Service in accordance with the payment terms provided.

All fees are non-refundable unless otherwise specified in writing. We reserve the right to modify our pricing with 30 days' notice to existing customers.

6. Intellectual Property

The Service, including all software, content, trademarks, and other materials, is owned by AutoAssist and is protected by copyright, trademark, and other intellectual property laws.

You retain ownership of any content you submit through the Service. By using the Service, you grant AutoAssist a license to use, store, and process your content solely to provide the Service.

7. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that your use of the Service complies with all applicable data protection and privacy laws.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOASSIST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

In no event shall AutoAssist's total liability to you for all damages exceed the amount paid by you to AutoAssist in the twelve (12) months preceding the claim.

9. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

10. Termination

Either party may terminate your access to the Service at any time, for any reason, with or without notice. Upon termination, your right to use the Service will immediately cease.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

11. Indemnification

You agree to indemnify, defend, and hold harmless AutoAssist from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Governing Law and Dispute Resolution

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

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court if necessary.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date.

Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and AutoAssist regarding the Service.