Terms of Service

1. Acceptance of Terms

By accessing and using Dealer Shock's services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Dealer Shock provides a comprehensive software-as-a-service (SaaS) platform designed for independent car dealerships. Our services include but are not limited to:

• Website creation and management tools
• Inventory management systems
• Customer relationship management (CRM)
• Marketing automation tools including social media posting
• Analytics and reporting features
• Integration with third-party platforms (Facebook, Instagram, payment processors)
• Automated and scheduled social media content publishing to Facebook Pages and Instagram Business Accounts

3. User Accounts and Registration

To access certain features of our service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Keep your login credentials secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4. Acceptable Use Policy

You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services. Prohibited activities include:

• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Transmitting harmful, offensive, or inappropriate content
• Attempting to gain unauthorized access to our systems
• Interfering with other users' use of the service
• Using the service for spam or unsolicited communications
• Violating third-party platform policies (Facebook, Instagram, etc.)
• Publishing false, misleading, or deceptive content about vehicles or services

4.1 Social Media Integration Terms

By connecting your Facebook Pages and Instagram Business Accounts to our platform, you acknowledge and agree to the following:

• Authorization: You authorize us to publish content to your connected social media accounts on your behalf, including vehicle listings, photos, descriptions, and links
• Platform Compliance: You are responsible for ensuring all content posted complies with Meta's Platform Terms and Policies, Community Standards, and Advertising Policies
• Account Ownership: You represent that you have the legal right to connect and authorize posting to the Facebook Pages and Instagram Business Accounts you link to our service
• Content Responsibility: You are solely responsible for the accuracy, legality, and appropriateness of all vehicle information, pricing, images, and descriptions posted through our platform
• Access Tokens: We securely store access tokens for your connected accounts. These tokens may expire or be revoked by Meta, requiring you to reconnect your accounts
• Third-Party Changes: We are not responsible for changes to Facebook, Instagram, or Meta's APIs, policies, or functionality that may affect our service
• Posting Control: You maintain full control over automatic posting settings and can disable, modify, or disconnect accounts at any time
• Account Suspension: If Meta suspends, restricts, or terminates your Page or account, our posting functionality to that account will be affected

5. Payment Terms

Our services are provided on a subscription basis. Payment terms include:

• Subscription fees are billed in advance on a monthly basis
• Fees are non-refundable except as described in the Money-Back Guarantee below
• We reserve the right to change pricing with 30 days notice
• Failure to pay may result in service suspension or termination
• You are responsible for all taxes and fees

Cancellation: You may cancel your subscription at any time. When you cancel, you will not be billed again, and your service continues through the end of the billing period you have already paid for.

Money-Back Guarantee: If you are not satisfied with your website subscription, you may request a refund of your most recent monthly subscription payment by contacting us at team@dealershock.com. This applies to your first month and to any later month. When a refund is issued, your subscription is cancelled and your access to the service ends immediately, rather than at the end of the billing period. The guarantee applies to website subscriptions, including AI Dealer Site (Starter and Performance plans) and AI Group Site. It does not apply to Managed Advertising services or advertising spend, or to any payment other than your most recent monthly subscription payment.

6. Intellectual Property

The service and its original content, features, and functionality are and will remain the exclusive property of Dealer Shock and its licensors. The service is protected by copyright, trademark, and other laws.

You retain ownership of all content you upload to our service (including vehicle information, photos, descriptions, and other materials). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute such content solely as necessary to:

• Provide our services to you
• Publish content to your connected social media accounts on your behalf
• Generate analytics and reporting
• Create backups and ensure service continuity

You represent and warrant that you have all necessary rights to upload and authorize us to use any content you provide, including vehicle photos and descriptions.

7. Data and Privacy

Your privacy is important to us. 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 any data you upload or process through our service complies with applicable privacy laws and regulations.

8. Service Availability

We strive to maintain high service availability, but we do not guarantee uninterrupted access to our services. We may experience downtime for maintenance, updates, or due to factors beyond our control.

9. Limitation of Liability

To the maximum extent permitted by law, Dealer Shock 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, including but not limited to:

• Failed, delayed, or incorrect posts to social media platforms
• Changes or outages to third-party services (Facebook, Instagram, etc.)
• Suspension or termination of your social media accounts by third-party platforms
• Loss of social media engagement, followers, or reach
• API rate limits or restrictions imposed by third-party platforms
• Inaccuracies in analytics or reporting data from third-party platforms

We provide the service "as is" and make no warranties about the availability, reliability, or functionality of third-party integrations.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dealer Shock and its affiliates from and against any claims, damages, costs, and expenses arising from your use of our services or violation of these terms.

11. Termination and Data Deletion

Either party may terminate this agreement at any time. Upon termination:

• Your access to the service will be suspended or terminated
• You remain liable for any outstanding fees
• All connected social media accounts will be automatically disconnected and access tokens will be immediately deleted
• We will retain your data for 30 days to allow for account reactivation, after which it will be permanently deleted unless otherwise required by law
• You can request immediate data deletion by contacting us at team@dealershock.com
• Provisions that should survive termination will remain in effect (including payment obligations, intellectual property rights, and liability limitations)

Right to Delete: You can request deletion of your account and all associated data at any time, even without terminating your subscription, subject to our data retention obligations under applicable laws.

12. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of material changes via email or through our service. Your continued use of the service after such changes constitutes acceptance of the new terms.

13. Governing Law

These terms shall be interpreted and governed in accordance with the laws of the United States, without regard to conflict of law provisions. Any disputes shall be resolved through binding arbitration or in the appropriate courts.

14. Contact Information

If you have any questions about these Terms of Service, please contact us: