Terms and Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and LotIQ, Inc. (“LotIQ,” “we,” “us,” or “our”) governing your access to and use of the LotIQ platform, including all associated websites, applications, APIs, and services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not use the Service.

LotIQ is a software-as-a-service (SaaS) platform designed for used car dealerships. The Service provides tools for:

• Vehicle inventory management and pricing
• Customer relationship management (CRM)
• Deal tracking and sales pipeline management
• SMS and messaging communications
• Vehicle valuations and market data integrations
• Income and identity verification workflows
• Analytics and reporting
• Dealer website management

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Notifying us immediately of any unauthorized use of your account.
• Ensuring that all users within your organization comply with these Terms.

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

4.1 Pricing

Access to the Service requires a paid subscription. Pricing, billing frequency, and included features are described on your order form or within the Service. All fees are quoted in U.S. dollars unless otherwise stated.

4.2 Payment

You agree to pay all fees associated with your subscription plan. Payment is processed through our third-party payment processor (Stripe). You authorize us to charge your payment method on a recurring basis according to your billing cycle.

4.3 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and levies, except for taxes based on LotIQ’s net income.

4.4 Refunds

Fees are non-refundable except as required by law or as expressly stated in a separate written agreement.

You agree not to use the Service to:

• Violate any applicable law or regulation, including consumer protection, privacy, anti-spam (TCPA, CAN-SPAM), and fair lending laws.
• Send unsolicited messages or communications without proper consent.
• Transmit malicious code, viruses, or any material that could harm the Service or other users.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems.
• Reverse engineer, decompile, or disassemble any portion of the Service.
• Use the Service for any purpose other than managing legitimate dealership operations.
• Resell, sublicense, or share access to the Service without our prior written consent.
• Store or transmit content that infringes on third-party intellectual property rights.

6.1 Ownership

You retain all rights to the data you submit to the Service (“Customer Data”). Customer Data includes vehicle inventory, customer records, deal information, communications, and any other data you or your end users input into the Service.

6.2 License to Us

You grant LotIQ a limited, non-exclusive license to use, process, and store Customer Data solely for the purpose of providing and improving the Service. We will not sell Customer Data to third parties.

6.3 Data Protection

We implement industry-standard security measures to protect Customer Data, including encryption at rest and in transit, row-level security, and role-based access controls. Our data practices are described in our Privacy Policy.

6.4 Data Portability

Upon termination or upon written request, we will make your Customer Data available for export in a standard format for a period of 30 days. After that period, we may delete Customer Data in accordance with our data retention policies.

The Service, including its software, design, features, documentation, and all related intellectual property, is owned by LotIQ and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to LotIQ’s trademarks, branding, or proprietary technology except as necessary to use the Service.

The Service may integrate with third-party services, including but not limited to:

• Vehicle valuation providers (Manheim, JD Power)
• Communication platforms (Twilio)
• Credit and verification services
• Payment processors (Stripe)
• Analytics services

Your use of third-party services is subject to their respective terms and conditions. LotIQ is not responsible for the availability, accuracy, or performance of third-party services. Additional fees may apply for certain integrations.

If you use the messaging features of the Service, you agree to:

• Comply with all applicable telecommunications laws, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.
• Obtain proper consent from recipients before sending messages.
• Honor opt-out requests promptly.
• Use messaging features only for legitimate business communications related to your dealership operations.
• Complete any required carrier registration (A2P 10DLC) before sending conversational messages.

You are solely responsible for the content of messages sent through the Service and for maintaining records of consent. Violation of messaging compliance requirements may result in suspension of messaging features.

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (with reasonable advance notice).
• Emergency maintenance or security patches.
• Circumstances beyond our reasonable control (force majeure).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOTIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

LOTIQ’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO LOTIQ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LotIQ does not warrant that the Service will meet your specific requirements, that vehicle valuations or market data will be accurate, or that third-party integrations will be error-free.

You agree to indemnify, defend, and hold harmless LotIQ and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your messaging practices, including failure to obtain proper consent.
• Any claims by your customers or end users related to data you collected or processed through the Service.

14.1 Term

These Terms are effective when you first access the Service and continue until terminated. Your subscription will automatically renew at the end of each billing period unless cancelled.

14.2 Termination by You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.

14.3 Termination by Us

We may suspend or terminate your access to the Service immediately if you violate these Terms, fail to pay fees when due, or engage in activity that poses a risk to the Service or other users. We will provide notice where practicable.

14.4 Effect of Termination

Upon termination, your right to access the Service ceases immediately. Sections 6 (Customer Data), 11 (Limitation of Liability), 12 (Disclaimer), 13 (Indemnification), and 16 (Governing Law) survive termination.

We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your subscription before they take effect.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

• Entire Agreement: These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and LotIQ regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• Notices: We may send notices to the email address associated with your account. You may send notices to us at the address below.

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