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Terms of Service

Introduction

These terms and conditions ("Terms") govern the services provided by Dealership Accelerator, a division of Envoke Digital LLC ("Dealership Accelerator"), to its clients ("Client"). By accessing or using our services, you agree to comply with these Terms.

1. Services and Support

1.1 Service Description

Dealership Accelerator offers a suite of services, including AI-powered lead management and appointment booking solutions, tailored to automotive dealerships. The specific services provided will be detailed in the individual Service Agreement.

1.2 Access Rights

Upon compliance with these Terms and timely payment, Dealership Accelerator grants the Client a non-exclusive, limited, non-transferable license to access and use the specified services for the Client's internal business purposes for the duration of the agreement.

1.3 User Accounts

Clients are responsible for maintaining the confidentiality of their account credentials and ensuring that only authorized users have access to the services. The Client must notify Dealership Accelerator immediately of any unauthorized use.

1.4 Service Levels

We commit to maintaining a high standard of service as outlined in our Service Level Agreement (SLA). Any deviations from these standards will be addressed promptly to minimize disruption.

1.5 Service Modifications

Dealership Accelerator reserves the right to modify the services to improve functionality or comply with legal requirements. Clients will be notified of significant changes in advance.

2. Fees and Payment Terms

2.1 Fee Structure

The fees for services are outlined in the Service Agreement. All fees are non-refundable and exclusive of taxes.

2.2 Payment Terms

Invoices are due within thirty (30) days of receipt. Late payments may incur interest at the rate specified in the Service Agreement. Failure to pay may result in suspension or termination of services.

2.3 Fee Adjustments

Dealership Accelerator reserves the right to adjust fees with thirty (30) days' notice to the Client. Continued use of the services after the notice period constitutes acceptance of the new fees.

3. Client Responsibilities

3.1 Compliance with Laws

Clients agree to use the services in compliance with all applicable laws and regulations, including data protection laws such as GDPR.

3.2 Equipment and Connectivity

Clients are responsible for procuring and maintaining all necessary hardware, software, and internet connectivity required to access and use the services. Dealership Accelerator is not liable for issues arising from third-party equipment.

3.3 Implementation Cooperation

Clients must cooperate with Dealership Accelerator during the implementation process, providing necessary information and access to systems to ensure timely and effective setup.

4. Data and Privacy

4.1 Data Ownership and Use

Clients retain ownership of their data. Dealership Accelerator will use the data solely to provide and improve the services. All data handling will comply with our privacy policy and applicable data protection laws.

4.2 Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information disclosed during the term of the agreement. This obligation continues after termination of the agreement.

5. Intellectual Property

5.1 Ownership Rights

All intellectual property rights related to the services are owned by Dealership Accelerator. Clients are granted a limited license to use the services as specified in these Terms.

5.2 Trademarks

Clients may use Dealership Accelerator's trademarks for promotional purposes only with prior written consent. Unauthorized use is prohibited.

6. Limitation of Liability

6.1 Limitation of Damages

Dealership Accelerator's liability is limited to the amount paid by the Client in the month preceding the claim. We are not liable for indirect, incidental, or consequential damages.

6.2 Indemnification

Clients agree to indemnify and hold Dealership Accelerator harmless from any claims arising out of their use of the services or violation of these Terms.

7. Term and Termination

7.1 Term

The term of the agreement is specified in the Service Agreement. It will renew automatically unless terminated by either party with thirty (30) days' notice.

7.2 Termination for Breach

Either party may terminate the agreement for a material breach if not cured within thirty (30) days of notice. Dealership Accelerator may terminate immediately for non-payment or unlawful use of services.

7.3 Effect of Termination

Upon termination, the Client's access to the services will be revoked. All outstanding fees become immediately due and payable.

8. Miscellaneous

8.1 Force Majeure

Neither party is liable for non-performance due to events beyond their control, such as natural disasters, wars, or government actions.

8.2 Governing Law

These Terms are governed by the laws of the State of Wyoming, USA. Any disputes will be resolved in the courts of Wyoming.

8.3 Entire Agreement

These Terms, along with the Service Agreement and SLA, constitute the entire agreement between the parties, superseding all prior agreements and understandings.

8.4 Amendments

Dealership Accelerator may update these Terms occasionally. Clients will be notified of significant changes. Continued use of the services after such updates constitutes acceptance of the new Terms.

8.5 Assignment

Clients may not assign their rights or obligations under these Terms without Dealership Accelerator's prior written consent.

8.6 Notices

Notices must be in writing and delivered to the addresses specified in the Service Agreement. Email notices are considered delivered upon receipt.

8.7 Severability

If any provision of these Terms is found invalid, the remaining provisions will continue in full force and effect.

8.8 Waivers

Failure to enforce any provision is not a waiver of future enforcement rights. Waivers must be in writing and signed by the waiving party.

9. Additional Provisions

9.1 Right to Audit

Dealership Accelerator reserves the right to audit the Client's compliance with these Terms and the Service Agreement.

9.2 Dispute Resolution

In the event of a dispute, the parties agree to first attempt to resolve the dispute informally. If the dispute cannot be resolved informally, the parties agree to submit the dispute to mediation before pursuing any other remedy.

9.3 Data Protection and Security

Dealership Accelerator will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption, access controls, and regular security assessments.

9.4 Service Continuity

Dealership Accelerator will use commercially reasonable efforts to ensure the continuity of the services, including backup procedures and disaster recovery plans.

Contact Information

For any questions or notices regarding these Terms, please contact us at info@dealershipaccelerator.io.