Terms of Service

1.These terms

In these terms:

• “CarCortex”, “we”, “us” and “our” mean CarCortex, which runs carcortexai.com and the CarCortex service.
• “You” means the dealership that uses the service, and anyone who visits the website. Where these terms say what you must do in the service, that includes everyone who uses it under your dealership’s account.
• “Users” are the people your dealership lets use the service: its owners and its staff.
• The “service” is the CarCortex software that we host and you use in a web browser, its AI agents, and the support we give you.
• An “order form” is a quote, order or invoice that we and your dealership agree to. It sets the fees and other commercial terms.
• “Customer Data” is the information you and your users put into the service or connect to it, and what the service creates for you: saved listings, valuations, deals, inventory, messages, leads, appointments, notes and settings.

By using the website or the service, signing an order form, or creating an account, you agree to these terms. If you accept them for a dealership, you confirm that you have the authority to bind it. If you do not agree, do not use the website or the service.

The service is for businesses in the United States, for their business use. It is not for personal, family or household use. You must be at least 18 to use it.

2.The service

CarCortex is hosted software for used-car dealerships. You use it in a web browser, and we run it. Its AI agents work for your dealership:

• They find cars for sale in public marketplace listings around your ZIP code when you ask in chat, and scheduled scans flag cars priced under market.
• They value cars: they decode the VIN, check public VIN and recall records, compare the car with licensed market data, and estimate the buy price, reconditioning, resale, days to sell and margin.
• They track your deals, your inventory, and how each sold car did against its valuation.
• They contact sellers by email, text or voice call, after an owner approves each message.
• They answer buyers’ emails, texts and calls about your listed cars (the Concierge), keep the leads in one inbox, and book test drives and visits into the service’s calendar within your business hours.
• They send you alerts and a daily digest.

What the service does for you depends on your settings and on the accounts you connect. Many features stay off until an owner turns them on.

We may change the service over time, for example to add, improve or remove features. If a change materially reduces the service you pay for, we will tell you by email before it takes effect.

3.Accounts and access

• CarCortex is sold after a demo. A dealership’s account is created only from a sign-up link we send to the email address of the person who will own it. Do not share or forward that link.
• The person who signs up is an owner of the account. Owners can invite staff and remove users. Some actions are for owners only, such as changing settings, connecting accounts, approving messages and other actions, exporting data and deleting the dealership.
• Your dealership is responsible for everything done under its account, including its users’ use of the service. Make sure your users follow these terms.
• Each user signs in with their own account. Keep passwords and invite links safe, and remove users who should no longer have access.
• Give us accurate information about your dealership and keep it current.
• If you believe someone has used your account without permission, tell us right away at hello@carcortexai.com.

4.Fees and payment

• We do not publish prices. Your fees, what they cover and the billing period are set in the order form or invoice we agree with your dealership.
• We bill by invoice. The service does not charge your card automatically. Pay each invoice by its due date, in US dollars.
• Fees do not include taxes. You pay any sales, use or similar taxes on them, other than taxes on our income.
• If an invoice is not paid on time, we will tell you by email. If it is still unpaid after a reasonable time to pay, we may suspend the service until it is paid. A suspension does not end your obligation to pay.
• The providers of the accounts you connect, such as your email, phone number, texts and calls, bill you for their own charges. Those charges are not part of our fees.

5.Your responsibilities

You decide how your dealership uses CarCortex, and you are responsible for that use. This matters most for the messages and calls the service handles for you.

Connected accounts

To send and receive email, texts and calls, an owner connects your dealership’s own accounts with the providers of those services. You authorize us to use them to send and receive messages and calls for your dealership, as your settings direct, and to keep records of them in the service. You are responsible for those accounts, for following their terms, and for their charges.

Messages and calls

Every message and call the service makes or answers is made for your dealership, in its name. Your dealership is responsible for its content and for its compliance with the law. The service is designed to keep you in control:

• Sellers. The Closer contacts a seller only after an owner approves each message. When an owner approves a message, your dealership is sending it.
• Buyers. The Concierge answers buyers who write or call you. It never makes the first call or text: it answers on the channel the buyer used. Its written replies go out automatically or after an owner’s approval, as an owner chooses in Settings. Calls are answered as they come in.
• Calls handled through the service are transcribed, and may be recorded, by the voice provider you connect.

These design choices are not legal advice, and they do not make your messages lawful. Among other things, you are responsible for:

• Getting and keeping the consent the law requires before anyone is called or texted for your dealership, including under the Telephone Consumer Protection Act (TCPA). Calls made with an AI-generated or prerecorded voice count as artificial-voice calls under the TCPA and need prior consent, and marketing calls and texts generally need prior express written consent.
• Honoring do-not-call lists and opt-out requests, and calling and texting only at lawful times.
• Following the CAN-SPAM Act for email.
• Registering your business texting numbers as the mobile carriers require (A2P 10DLC), through the provider of your number.
• Giving the notice and getting the consent the law requires to record or transcribe calls. Some states require the consent of everyone on the call.
• Following state telemarketing, consumer protection and privacy laws.

Your listed cars and your dealership’s information

The Concierge answers buyers from the information on your listed cars, and from what an owner tells it about your dealership in Settings, such as your address, hours, financing, trade-ins and warranty. Keep that information accurate and current. Your dealership is responsible for it, for what buyers are told from it, and for honoring the prices and terms quoted from it.

When an owner turns booking on, the Concierge books test drives and visits within the business hours you set. You are responsible for those hours and for keeping the appointments it books.

Financing

The Concierge only notes a buyer’s interest in financing, in the buyer’s own words, and always passes it to an owner. It never asks for a Social Security number, a date of birth or documents, never approves credit, and never quotes rates or payments. Your dealership handles financing and its compliance with credit and financing laws.

Other laws and terms

You are also responsible for following the laws that apply to your business and your use of the service, including federal and state laws on auto-dealer advertising and sales, and the privacy laws that protect the personal information of buyers and sellers. When you find, list or ask about cars through the service, follow the terms of the marketplaces and services involved.

6.AI output and your decisions

CarCortex uses AI models. Valuations, scores, comparable listings, estimates, summaries and drafted messages (“output”) are generated from the data available at the time. Output can be incomplete or wrong.

• Output is an estimate. It is not an appraisal, an inspection, a vehicle history report, or legal, tax, financial or credit advice.
• You decide what to buy, what to offer, what to say and what to sell, and at what price. Check what matters before you act: inspect the car, confirm its title and history, and read drafts before you approve them.
• If you see output that is wrong or out of place, tell us at hello@carcortexai.com.

7.Third-party services and data

• The service relies on other companies’ services: hosting, databases, AI models, market data, and the email, text and voice accounts you connect. We choose, and may change, the providers behind the service. We do not control them, and we cannot guarantee that they will be available or work as expected.
• Cars for sale come from public marketplace listings, market prices from licensed market data, and VIN and recall details from public VIN and recall records. This data is provided as is. It can be incomplete, out of date or wrong, and a listing can be misleading or already sold.
• You buy and sell cars, and you deal with sellers and buyers yourself. We are not a party to any transaction, we are not a dealer, broker or agent in one, and we are not responsible for what sellers or buyers do.

8.Acceptable use

Do not use the service, or let anyone use it, to:

• Send unlawful, harassing, threatening, deceptive or misleading messages, or impersonate anyone.
• Contact people for the first time without the consent the law requires, or keep contacting someone who has asked you to stop.
• Collect, use or share personal information unlawfully, or for anything other than your dealership’s business.
• Break the law or infringe anyone’s rights, including privacy and intellectual property rights.
• Get around the service’s security, sign-in, approvals or limits, or try to reach another dealership’s account or data.
• Reverse engineer, decompile or copy the service, except where the law allows it despite this term.
• Overload or disrupt the service, upload malicious code, or scrape or access the service by automated means other than the ones it offers.
• Resell, sublicense or provide the service to others, or use it to build a competing product.

We may remove content or suspend access that breaks this section (see section 12).

9.Your data

• Your dealership owns its Customer Data. We do not claim ownership of it.
• You give us permission to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the service for you, and as the law requires. That includes sending it to the providers that run parts of the service, such as the AI models that read listings and draft replies. We use Customer Data for nothing else, and we do not sell it. Our Privacy Policy explains how we handle personal information.
• We may use records of how the service is used, such as activity and costs, to run, secure and support the service and to bill you.
• You are responsible for having the right to put Customer Data into the service, including any notice and consent the law requires for the personal information in it.
• We use reasonable measures designed to protect Customer Data, such as encrypted connections and encrypting the credentials of the accounts you connect. No system is perfectly secure.
• An owner can export your dealership’s data as a file, and delete the dealership, from Settings at any time. Deleting is permanent and cannot be undone: it removes the dealership, its users and its Customer Data. Export what you want to keep first. Copies in our backups are removed as those backups expire.

10.Our property and feedback

• CarCortex owns the service, the website, the software, the agents’ instructions, and the CarCortex name and logo. These terms give you no rights in them except the right to use the service.
• While the agreement lasts, your dealership may use the service for its own business, under these terms. This right cannot be transferred or sublicensed.
• You may use the output the service creates for you in your business.
• If you send us ideas or feedback, we may use them freely, without any obligation to you.

11.Confidentiality

Each of us may share information with the other that is not public, such as your Customer Data and business details, and our product plans, pricing and how the service works. The one who receives it will:

• Use it only for the purposes of these terms.
• Share it only with people and providers who need it for those purposes and who must keep it confidential.
• Protect it with at least reasonable care.

This does not cover information that is or becomes public through no fault of the one who received it, that it already knew, received lawfully from someone else, or developed on its own. If the law requires disclosure, the one who received the information may disclose it, after telling the other first where the law allows.

12.Term, suspension and termination

• The agreement for the service starts when your dealership signs an order form or creates its account, and continues until either of us ends it.
• Either of us may end it by telling the other by email. If your order form sets a term or a notice period, that applies. Otherwise, the agreement ends at the end of the billing period in which the notice is given.
• Either of us may also end it at once, by notice, if the other seriously breaches these terms and does not fix the breach within 30 days of being told about it.

We may suspend all or part of the service for your dealership or for a user:

• if fees are overdue after notice (see section 4);
• if you or your users break section 8 or otherwise misuse the service; or
• if your use puts the service, other customers, the people you contact or us at risk, or the law requires it.

We will tell you why, ahead of time when we reasonably can, and restore access once the problem is fixed.

When the agreement ends, your access ends and you pay any fees owed up to that date. Export what you want to keep from Settings before then. After the end, we may delete your dealership and its Customer Data; we keep it only as long as we need to wind down, meet legal obligations or resolve disputes.

The parts of these terms that by their nature should last beyond the end continue, including fees owed, confidentiality, disclaimers, limitation of liability, indemnity and governing law.

13.Disclaimers

To the fullest extent the law allows, the website and the service are provided “as is” and “as available”. We make no warranties other than those stated in these terms or an order form. We disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, title and non-infringement.

We do not promise that the service will be uninterrupted or free of errors, that output will be accurate, or that using the service will bring any particular result, such as a profit on a car, a sale or a lead. Some states do not allow certain warranties to be excluded; there, these exclusions apply as far as the law allows.

14.Limitation of liability

To the fullest extent the law allows:

• Neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business or data, even if told they were possible.
• Our total liability for all claims arising out of or relating to these terms, the website or the service is limited to the fees you paid us for the service in the 12 months before the event that gave rise to the claim.
• These limits do not apply to your obligation to pay fees, to your obligations under section 15, or to liability that the law does not allow to be limited.

15.Indemnity

Your dealership will defend CarCortex and pay the damages, fines, settlements and reasonable costs, including lawyers’ fees, that result from any claim by a third party, including a regulator, arising out of:

• messages and calls made through the service for your dealership, including the Concierge’s replies and the messages an owner approves;
• your Customer Data, including the information on your listed cars;
• your breach of these terms, of the law, including the laws named in section 5, or of a third party’s terms; or
• your dealings with sellers and buyers, including the cars you buy and sell.

We will tell you promptly about the claim, let you control its defense, and help as reasonably needed at your expense. You may not settle a claim in a way that admits fault for us or binds us to act without our written consent.

16.Governing law and venue

These terms, and any dispute about them, the website or the service, are governed by the laws of the State of [STATE TO CONFIRM] and applicable US federal law, without regard to conflict-of-laws rules. Any lawsuit must be brought in the state or federal courts located in the State of [STATE TO CONFIRM], and both of us agree to those courts’ jurisdiction. Either of us may still ask any court for an injunction to protect its intellectual property or confidential information.

17.Changes to these terms

We may update these terms. When we do, we post the new version on this page with a new effective date. If a change is material, we also email the owners of your account at least 30 days before it takes effect.

If you keep using the service after that date, you accept the new terms. If you do not agree, you may end the agreement before the change takes effect (see section 12).

18.The website

carcortexai.com tells you about CarCortex and lets you request a demo. Its content is for information only, may change without notice, and is provided without warranties. The product panels on the website are examples, not real listings, valuations or results.

When you request or book a demo, our Privacy Policy explains how we use what you send us. Requesting a demo does not commit you or us to an agreement.

19.General

• Entire agreement. These terms, your order form and the Privacy Policy are the whole agreement between us about the service, and they replace earlier discussions. If an order form conflicts with these terms, the order form controls.
• Assignment. Your dealership may not transfer these terms without our written consent, except to a buyer of all or most of its business who agrees to them. We may transfer them as part of a reorganization, merger or sale of the CarCortex business.
• Notices. We send notices to the email addresses of your account’s owners, or show them in the service. Send notices to us at hello@carcortexai.com. Notices by email count as written notices.
• Events beyond control. Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as outages of providers or networks, natural disasters or government action. This does not excuse paying fees.
• Severability. If a court finds part of these terms unenforceable, that part is enforced as far as the law allows, and the rest stays in effect.
• No waiver. If either of us does not enforce a term right away, it can still enforce it later.

20.Contact

Questions about these terms: hello@carcortexai.com. Questions about privacy: privacy@carcortexai.com.

CarCortex, carcortexai.com