Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and DealerOS, Inc., a Delaware corporation ("DealerOS," "we," "us," or "our") governing your access to and use of the DMSOS.AI platform and all related services (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

These Terms should be read in conjunction with our Privacy Policy, which describes how we collect, use, and protect your information.

2. Description of Services

DMSOS.AI is an AI-powered dealership management platform provided on a subscription basis (Software as a Service). The Service includes, but is not limited to:

• AI-powered voice secretary for inbound call handling
• SMS messaging and automated responses
• Web-based live chat with AI assistance
• Lead management and scoring
• Appointment scheduling and management
• Vehicle inventory management
• Reputation and review management
• Analytics and reporting dashboards
• Workflow automation

Features may vary by subscription tier. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration and Security

To use the Service, you must:

• Be at least 18 years of age
• Provide accurate, current, and complete registration information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or use of your account

You may not share your account credentials with others or allow multiple individuals to use a single account unless your subscription plan permits it. We reserve the right to suspend or terminate accounts that violate these requirements.

4. Messaging Services

4.1 Consent to Receive Messages

We obtain appropriate consent before sending messages:

• Conversational messages: If you initiate a text conversation and we respond with relevant information, no additional consent is required.
• Informational messages: Appointment reminders, service updates, and account notifications require your express consent before messages are sent.
• Promotional messages: Marketing offers and promotions require your express written consent before messages are sent.

Consent to receive SMS or voice messages is not a condition of purchasing any goods or services.

4.2 Opt-Out

You may opt out of receiving messages at any time by replying with any of the following keywords (case-insensitive):

STOP · END · UNSUBSCRIBE · CANCEL · QUIT

You will receive one final confirmation message, and no further messages will be sent. You may also opt out by emailing support@dmsos.ai with your phone number.

4.3 Message Frequency and Rates

Message frequency varies based on your interactions with the dealership and the types of messages you have opted in to receive. Standard message and data rates may apply depending on your wireless carrier and plan.

4.4 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

4.5 Dealership Responsibility

Each dealership using the DMSOS.AI platform is responsible for obtaining and maintaining appropriate consent from their customers for messaging. Dealerships agree to comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and the CTIA Messaging Principles and Best Practices.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Send spam, unsolicited messages, or messages without proper consent
• Harass, abuse, threaten, or intimidate any person
• Transmit harmful, deceptive, misleading, or fraudulent content
• Impersonate any person or entity
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Scrape, mine, or extract data from the Service without authorization
• Use the Service in any way that could damage, disable, or impair it

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

6. Intellectual Property

The Service, including all content, features, functionality, software, code, and design elements, is owned by DealerOS, Inc. and is protected by copyright, trademark, and other intellectual property laws. "DMSOS.AI," "DealerOS," and associated logos are trademarks of DealerOS, Inc.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during your subscription period.

You retain ownership of all data you input into the Service. By using the Service, you grant us a limited license to process, store, and display your data as necessary to provide the Service.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

8. Third-Party Services

The Service integrates with third-party services including SignalWire (telecommunications), Anthropic (AI processing), Supabase (database and authentication), and Vercel (hosting). Your use of these integrations may be subject to those providers' terms of service and privacy policies.

We are not responsible for the availability, accuracy, or content of third-party services. Any issues arising from third-party services should be directed to those providers.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER 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: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the Service will be accurate or reliable; (c) AI-generated content, recommendations, or analyses will be free from errors; or (d) any defects in the Service will be corrected.

AI-generated content provided through the Service (including voice, chat, and SMS responses) is for informational purposes and is not a substitute for professional advice. Users should verify important information independently.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DEALEROS, INC., 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 YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

Our total liability for all claims related to the Service shall not exceed the amount you paid to us during the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless DealerOS, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your use or misuse of the Service
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content or data you submit through the Service
• Your failure to obtain proper consent for messaging as required by applicable law

12. Governing Law

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

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute informally by contacting us at support@dmsos.ai. We will attempt to resolve the dispute within thirty (30) days of receiving your notice.

13.2 Binding Arbitration

If we cannot resolve a dispute informally, any remaining dispute, controversy, or claim shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware. The arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, collective action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@dmsos.ai within thirty (30) days of first accepting these Terms.

14. Termination

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

You may terminate your account at any time by canceling your subscription through the Service or by contacting us at support@dmsos.ai.

Upon termination: (a) your right to use the Service will immediately cease; (b) your data will be retained in accordance with our Privacy Policy data retention provisions; and (c) the following sections shall survive: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes by posting the updated Terms on this page with a revised "Last Updated" date and, where appropriate, by notifying you via email or through the Service.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Service.

16. Contact Information

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