Terms of Service

1. Definitions

• "Services" refers to CarProximity's geofencing marketing platform, including software, features, and support
• "Customer" or "You" refers to the individual or entity using our Services
• "Campaign" refers to your advertising campaigns created through our platform
• "Geofence" refers to virtual geographic boundaries created in the platform

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and legally authorized to enter into contracts to use our Services. By registering, you represent that all information provided is accurate and current.

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate

3. Subscription and Billing

3.1 Subscription Plans

Our Services are offered on a subscription basis. Current plans and pricing are available at carproximity.com/pricing.

3.2 Payment Terms

• Subscriptions are billed monthly or annually in advance
• You authorize us to charge your payment method on each billing cycle
• All fees are non-refundable except as required by law or stated in our refund policy
• We reserve the right to change pricing with 30 days notice

3.3 Overage Charges

If your usage exceeds your plan limits (impressions, locations, etc.), overage charges apply at the rates specified in your plan. You can set spending caps in your dashboard.

3.4 Cancellation

You may cancel your subscription anytime. Cancellations take effect at the end of the current billing period. No partial refunds for mid-cycle cancellations.

4. Use of Services

4.1 Permitted Use

You may use our Services only for lawful business purposes related to automotive marketing, including:

• Promoting your dealership or service center
• Driving foot traffic to your location
• Advertising vehicles, services, and promotions

4.2 Prohibited Uses

You agree NOT to:

• Violate any laws, including TCPA, CAN-SPAM, or advertising regulations
• Send spam, unsolicited messages, or deceptive content
• Use the Services to harm, harass, or discriminate
• Reverse engineer or attempt to access our source code
• Use the Services for non-automotive industries without permission
• Share your account credentials with unauthorized parties
• Interfere with or disrupt the Services

4.3 Content Standards

All campaign content must:

• Be truthful and not misleading
• Comply with advertising standards and regulations
• Not contain offensive, illegal, or inappropriate material
• Include required disclosures (pricing, terms, etc.)
• Respect intellectual property rights

5. Compliance Requirements

5.1 TCPA Compliance

If using SMS features, you must:

• Obtain prior express written consent before sending messages
• Maintain compliant opt-in records
• Honor opt-out requests immediately
• Include required disclosures in all messages
• See our SMS Terms for details

5.2 FTC Compliance

Your campaigns must comply with FTC advertising guidelines, including clear disclosure of material terms and accurate representations.

6. Intellectual Property

6.1 CarProximity IP

All rights, title, and interest in the Services, including software, features, trademarks, and content, are owned by CarProximity. You receive a limited, non-exclusive license to use the Services.

6.2 Your Content

You retain ownership of your campaign content. By uploading content, you grant us a license to use, reproduce, and display it as necessary to provide the Services.

7. Data and Privacy

Our collection and use of data is governed by our Privacy Policy. By using the Services, you agree to our data practices.

8. Warranties and Disclaimers

8.1 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance and updates that temporarily affect availability.

8.2 No Performance Guarantee

While we provide tools to optimize campaigns, we do not guarantee specific results (visits, sales, ROI). Performance depends on many factors including your campaign settings, offers, and market conditions.

8.3 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARPROXIMITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold CarProximity harmless from any claims, losses, or expenses arising from:

• Your use of the Services
• Your campaign content
• Your violation of these Terms or applicable laws
• Your infringement of third-party rights

11. Termination

11.1 Termination by You

You may terminate your account anytime through your dashboard or by contacting support.

11.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Fail to pay fees
• Engage in fraudulent or illegal activity
• Pose a security risk to the platform

11.3 Effect of Termination

Upon termination, your access ends immediately. We may delete your data after 30 days. You remain liable for all fees incurred before termination.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law provisions.

12.2 Arbitration

Any disputes shall be resolved through binding arbitration in San Francisco, California, under the American Arbitration Association rules. You waive the right to a jury trial or class action.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and CarProximity regarding the Services.

13.2 Modifications

We may modify these Terms at any time. Material changes will be communicated via email. Continued use after changes constitutes acceptance.

13.3 Severability

If any provision is found invalid, the remaining provisions remain in effect.

14. Contact Information