1The Services
DealerDeskPro provides a software platform for automotive brokers, agencies, and dealerships, including customer-relationship tools, deal-structuring tools, specials and inventory organization, and a network through which participating dealers and fleet managers may distribute deal information to participating brokers.
2Accounts and Seats
Access is provided on a subscription basis with a defined number of user seats per plan. You are responsible for maintaining the confidentiality of your credentials, for all activity under your account, and for ensuring each seat is used by a single individual. Administrative accounts are required to enroll in two-factor authentication. You must provide accurate information at signup and keep it current.
3Subscriptions, Fees, and Founding Partner Accounts
Paid plans bill monthly in advance at the rates published on our pricing page, plus applicable taxes. Additional seats bill at the published per-seat rate. Fees are non-refundable except where required by law. We may change pricing with at least 30 days' notice; changes apply at your next billing cycle. Founding Fleet Partner accounts are provided free of charge during the network launch period at our discretion; we will provide notice before any founding account transitions to a paid plan, and founding accounts will receive the preferred pricing we communicate at transition.
4Your Data; License to DealerDeskPro
Your business data belongs to you. Content you enter into your private workspace — contacts, deals, notes, records — remains yours, and we do not disclose it to other customers except as you direct or as these Terms describe.
License to operate the Services. You grant DealerDeskPro a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create derivative operational works from the data you submit, as reasonably necessary to provide, secure, maintain, and improve the Services.
Fleet and dealer contact information. When you upload or enter business contact information relating to fleet managers, dealerships, or similar industry contacts, you (a) represent that you have the right to provide it, and (b) grant DealerDeskPro a perpetual, irrevocable license to store and use that information within the platform, including in aggregated or network-level form. Except as you elect through platform features (such as broadcast or network publication), we do not expose your privately entered contacts to other customers.
Broadcast content. If you use features that publish content to the network (for example, a dealer or fleet manager broadcasting specials), you authorize distribution of that content to network participants and understand it will be visible to them.
Aggregated data. We may use de-identified and aggregated data derived from use of the Services for analytics, benchmarking, and product improvement.
5Acceptable Use
You agree not to: misuse or attempt to circumvent security or access controls; access another tenant's data; use the Services to send unlawful communications, including communications that violate telephone, text-messaging, or email marketing laws; upload content you lack rights to; scrape or bulk-export the network's data outside provided features; reverse engineer the platform; or use the Services in violation of law, including automotive advertising, licensing, and consumer-protection laws applicable to your business.
6Your Compliance Responsibilities
You are solely responsible for your business's compliance with laws applicable to vehicle sales, leasing, brokering, advertising, licensing, and consumer communications in your jurisdiction, including any obligation to hold dealer or autobroker licenses. DealerDeskPro provides software; it does not provide legal advice and is not a party to your transactions.
7Calculators and Estimates
Payment calculators, deal-structuring tools, and figures displayed in the Services are estimates for informational purposes only. They are not offers of credit, quotes, or advertised lease or finance terms, and actual figures depend on credit approval, lender programs, taxes, fees, and other factors. You are responsible for the accuracy and legal compliance of any figure you communicate to a consumer.
8Intellectual Property
The Services, including software, design, and content we provide, are owned by Elementum LLC and its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. Feedback you provide may be used by us without obligation.
9Third-Party Services
The Services may interoperate with third-party services. We are not responsible for third-party services, and your use of them is governed by their terms.
10Termination
You may cancel at any time, effective at the end of the current billing period. We may suspend or terminate access for breach of these Terms, non-payment, unlawful use, or risk to the platform or other customers, with notice where practicable. Upon termination we will make your private workspace data available for export for 30 days, after which we may delete it, except as retention is required by law or for legitimate business records.
11Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL BE ACCURATE.
12Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEMENTUM LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM OR RELATED TO THE SERVICES. OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow certain limitations; in those jurisdictions, these limits apply to the fullest extent permitted.
13Indemnification
You will defend and indemnify Elementum LLC against claims arising from your data, your use of the Services, your transactions with consumers, or your violation of law or these Terms.
14Governing Law; Disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. The parties will attempt in good faith to resolve disputes informally; unresolved disputes will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to their jurisdiction. (Arbitration and class-waiver provisions to be evaluated with counsel.)
15Changes to These Terms
We may update these Terms from time to time. Material changes will be posted with an updated effective date, and continued use after changes take effect constitutes acceptance.
16Contact
Elementum LLC dba DealerDeskPro · Los Angeles, California · legal@dealerdeskpro.com
Part of the Citizen Automotive Network.