01About these terms
These Terms of Service ("Terms") govern access to and use of the Dealer8 website, web application and related services (together, the "Service"). "Dealer8", "we", "us" and "our" mean the provider of the Service. "Customer" or "you" means the dealership or other business that uses the Service, and "Users" means the people the Customer allows to use it, such as its staff.
The Service is for business use only. By creating an account, using the Service, or signing an order form that references these Terms, you agree to them. If you accept on behalf of a business, you confirm that you have authority to bind that business.
If your business has signed a separate written agreement with Dealer8 that covers the Service, that agreement takes priority over these Terms where the two conflict.
02The service
Dealer8 helps dealerships run day-to-day customer work. Depending on your plan, this can include special-order parts notifications and customer conversations, warranty leads, appointment and vehicle-preparation workflows, vehicle appraisal tools and reports. Some features connect to your dealer management system (DMS) and send text messages or emails to your customers on your behalf.
We may improve, change or retire features over time. If we remove a feature that is material to your use of the Service, we will give you reasonable notice where we can.
03Accounts and security
- Each User needs their own account. Keep sign-in details private and do not share accounts.
- You are responsible for the people you invite, the access level you give them, and the activity on your accounts.
- Remove access promptly when someone leaves your business or no longer needs it.
- Tell us right away at hello@dealer8.com if you suspect unauthorized access.
04Your data and your responsibilities
"Customer Data" means the information you or your systems provide to the Service, such as repair orders, parts orders, vehicle details, and your customers' names, phone numbers, email addresses and conversations.
- You own your Customer Data. You give us permission to host, copy, process and transmit it only as needed to provide, secure and support the Service, and as described in our Privacy Policy.
- You are the organization responsible for it. For your customers' personal information, your dealership decides why and how it is used. We act as your service provider and process it on your instructions.
- You have the right to share it. You confirm that you collected Customer Data lawfully and have the notices, consents and rights needed for us to process it for you.
- Keep it accurate. The Service works from the data your systems provide. You are responsible for its accuracy, including contact details, order status and appointment information.
We may use aggregated or de-identified information, which does not identify you, your Users or your customers, to operate, measure and improve the Service.
05Messaging your customers
When the Service sends a text message or email to one of your customers, it does so on your behalf and in your dealership's name. You are responsible for making sure those messages are lawful, including under Canada's Anti-Spam Legislation (CASL) and any other law that applies to you.
- Only load contact details for people you have a relationship with and the consent (express or implied, as the law allows) to contact.
- Respect opt-outs. When a customer replies STOP or otherwise asks not to be contacted, the Service is designed to stop sending them messages, and you must not work around that.
- Make sure the content and timing you configure are appropriate for your customers.
06AI-generated content
Parts of the Service use artificial intelligence, including large language models from third-party providers, to draft, suggest and send conversation replies and summaries.
- AI output can be inaccurate, incomplete or inappropriate for a situation. It is not professional, legal or mechanical advice.
- You choose which features run automatically and you are responsible for supervising them, reviewing conversations and correcting anything that is wrong.
- Do not use the Service to make decisions that have legal or similarly significant effects on a person based only on AI output.
- We do not use your Customer Data to train AI models.
07Acceptable use
You and your Users must not:
- use the Service to break any law or to send spam, harassing, misleading or unlawful messages;
- upload personal information you are not allowed to share, or malicious code;
- try to access accounts, data or systems you are not authorized to access, or probe, scan or test the Service's security without our written permission;
- interfere with or overload the Service, or scrape it by automated means except through features we provide for that purpose;
- copy, modify, reverse engineer or resell the Service, or use it to build a competing product;
- remove or misrepresent any notice, label or attribution in the Service.
08Third-party services and integrations
The Service relies on and connects to services we do not control, such as your DMS, cloud hosting, AI model providers and message delivery networks. Your use of a third-party product you bring, such as your DMS, is governed by your agreement with that provider. We are not responsible for outages, changes or errors in third-party services, though we will work to limit their impact on you.
09Fees and payment
Fees, billing frequency and subscription term are set out in your order form, quote or other written agreement with us. Fees are in Canadian dollars (CAD). Unless that document says otherwise, fees exclude applicable taxes. We may suspend the Service if an undisputed amount is significantly overdue, after giving you notice and a reasonable chance to pay.
10Intellectual property and feedback
Dealer8 and its licensors own the Service, including the software, design, content and all related intellectual property. Subject to these Terms and payment of applicable fees, we give you a limited, non-exclusive, non-transferable right for your Users to use the Service for your internal business purposes during your subscription.
If you send us ideas or suggestions, we may use them without any obligation to you. You keep ownership of your Customer Data.
11Confidentiality
Each of us may receive non-public information from the other, such as business plans, pricing, product details and Customer Data. The receiving party will use that information only for the purpose of the relationship, protect it with reasonable care, and share it only with people and providers who need it and are bound by similar duties. This does not apply to information that is already public, was lawfully known or received without a duty of confidence, or was developed independently. Disclosure required by law is allowed, with notice to the other party where lawful.
12Privacy
Our Privacy Policy explains how we handle personal information, including Customer Data we process on your behalf. We use reasonable administrative, technical and physical safeguards to protect Customer Data. If we become aware of a breach of security safeguards involving your Customer Data, we will notify you without undue delay and help you meet your own obligations.
13Suspension and termination
You may stop using the Service at any time, subject to any commitments in your order form. We may suspend or end access if you materially breach these Terms and do not fix the breach after notice, if your use creates a security or legal risk, or if required by law. Where reasonable, we will tell you first and limit any suspension to what is necessary.
When your subscription ends, your right to use the Service ends. If you ask us within a reasonable time after it ends, we will help you export your Customer Data. After that, we delete or anonymize it, except where we must keep information to meet legal obligations, resolve disputes or enforce our agreements. Sections that by their nature should survive termination, such as confidentiality, disclaimers, limitation of liability and indemnity, continue to apply.
14Disclaimers
We work hard to keep the Service reliable, but it is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties and conditions, whether express, implied or statutory, including merchantability, fitness for a particular purpose, quality and non-infringement. We do not promise that the Service will be uninterrupted or error-free, that every message will be delivered, or that AI output will be accurate.
15Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if told such damages were possible. Each party's total liability arising out of or relating to the Service and these Terms is limited to the fees you paid to Dealer8 for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to your payment obligations, to either party's indemnity obligations, or to liability that cannot be limited by law.
16Indemnity
You will defend and indemnify Dealer8 against third-party claims, and related losses and reasonable costs, that arise from your Customer Data, the messages sent to your customers at your direction, or your or your Users' breach of these Terms or of the law. We will tell you promptly about any such claim, let you control its defence, and cooperate reasonably at your expense.
17Changes
We may update these Terms from time to time. We will change the "Last updated" date above and, for material changes, give notice by email or in the Service before they take effect. If you keep using the Service after changes take effect, you accept the updated Terms. If you do not agree, stop using the Service and contact us.
18Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The courts located in Ontario have exclusive jurisdiction over any dispute arising from these Terms or the Service, unless a separate written agreement between us says otherwise.
19General
- These Terms, together with any order form and written agreement that references them, are the entire agreement between us about the Service.
- If a provision is found unenforceable, the rest stays in effect.
- Delaying or not enforcing a right does not waive it.
- You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
- Neither party is responsible for delays caused by events beyond its reasonable control.
- We are independent contractors. Nothing in these Terms creates a partnership, agency or employment relationship.
20Contact us
Questions about these Terms? Email hello@dealer8.com.