Terms Of Service

1.Agreeing To These Terms

These Terms of Service (the “Terms”) are an agreement between AcuPrice LLC, a Massachusetts limited liability company (“AcuPrice,” “we,” “us”), and the dealership or business that signs up (“you,” “your dealership”). By creating an account, signing in, or using the AcuPrice website or tools (the “Service”), you agree to these Terms. If you are accepting for a dealership, you confirm you have authority to bind it.

If your dealership has a separate written order form or agreement with us, that document controls wherever it conflicts with these Terms.

2.Who Can Use AcuPrice

The Service is built for licensed motor vehicle dealers and other automotive businesses. It is not offered to consumers for personal use. You must be at least 18 years old to use it.

Your dealership is responsible for everyone it gives a login to — salespeople, managers, buyers and anyone else — and for everything done under its accounts.

3.Accounts And Logins

• Each login is for one person. Don’t share logins or passwords.
• Keep passwords secure and tell us right away at acuprice1@gmail.com if you think an account has been accessed without permission.
• Let us know when someone leaves your dealership so their login can be turned off.
• We may suspend a login that we reasonably believe is compromised or being misused.

4.Plans, Pricing And Payment

AcuPrice is offered as three packages: Retail Pricing Pro, which includes Retail Pricing, Inventory pricing and Trade-In; the AI Sales Assistant; and Retail Pricing Pro + AI, which includes both. Pricing is quoted to each dealership directly.

• Fees. You agree to pay the fees in your quote or invoice, plus any applicable taxes. Unless your quote says otherwise, fees are billed in advance for each billing period.
• Card payments. If you pay by card, your subscription renews and is charged automatically each month until it’s canceled. Canceling stops future charges from the end of the period already paid.
• Late payment. If a payment is more than 7 days past due, we may pause access after giving you notice, until it’s paid.
• Refunds. Fees already paid are non-refundable, including for partial billing periods, unless your quote says otherwise or the law requires it.
• Price changes. We may change pricing with at least 30 days’ notice. Changes take effect at the start of your next billing period.
• Upgrades. Requesting an upgrade in the app is a request, not a purchase. It takes effect once we confirm pricing with you.

5.Lookup Limits

The Service relies on paid market data, so each plan may include a monthly number of lookups (VIN decodes, market pulls and inventory pricing updates). When a limit is reached, lookups pause until the next month or until the limit is raised. We may also limit unusually heavy or automated use that affects the Service for others.

6.Prices Are Estimates, Not Guarantees

Retail prices, quick-sale prices, ranges, ACV suggestions, inventory pricing results and other figures are estimates calculated from listings and data available at the time. Listings can be incomplete, out of date, mislabeled or priced incorrectly by the sellers who post them.

• The Service is a tool to support your decisions. Your dealership makes and is responsible for all pricing, appraisal, purchasing and offer decisions.
• The Service is not a formal appraisal, a vehicle inspection, or a vehicle history report, and it does not replace any of them.
• Nothing in the Service is legal, tax, lending or financial advice.

7.AI Sales Assistant, Texts And Calls

If your plan includes the AI Sales Assistant, it answers shoppers on your behalf, 24/7, through your website chat, the lead emails your lead providers send, and text messages to your number, and it follows up by text and email with shoppers who go quiet. Calls to your number ring your dealership and are logged, with phone alerts. You can turn the assistant’s texting off for your dealership, and its replies and follow-ups off for any customer.

• AI can be wrong. Replies are written automatically by AI services from your inventory, prices and settings. They can contain mistakes. Your dealership is responsible for keeping that information accurate, for watching the conversations, and for anything it offers or agrees to with a customer. The assistant is set up not to quote payments, give discounts or value trades, and tells shoppers it’s an automated assistant.
• You authorize us to act for you. You authorize AcuPrice to read your inventory feed and website listings, receive and reply to leads from your lead providers, connect to your CRM or lead management system, place our chat on your website, and send emails and texts and route calls in your dealership’s name, as part of the Service.
• Texting rules. Texts go only to shoppers who gave their number and asked to be contacted, or who texted or called your number, and only about their own inquiry. No marketing or bulk texts. The assistant answers a shopper’s texts at any hour; texts it starts on its own (follow-ups, a text after a call or a missed call) go out only between 8 AM and 9 PM your time. Every first text says how to opt out, and replies such as STOP are honored automatically. Your dealership is the sender and is responsible for complying with the Telephone Consumer Protection Act, CAN-SPAM, and state texting, telemarketing and consumer protection laws, and for making sure the business details used to register your number with the phone carriers are accurate.
• Your number. A local number we set up for your dealership is provided as part of your subscription. Calls to it ring through to the number you choose. We log the caller’s number, the time and how long the call lasted. If you turn on call recording, callers first hear “This call may be recorded for quality and training purposes.” Answered calls are then recorded and transcribed. The recording is kept for one year so your team can play it back, then deleted, and the transcript and AI-written call notes are kept with the conversation. Unless you turn it off, a follow-up text about the call goes to the caller, and a caller you missed can leave a voicemail (recorded, transcribed and kept the same way) and gets a short text asking how you can help. Calls you place to customers from your number are logged the same way and, with recording on, the customer hears the same notice and the call is recorded and transcribed. If your subscription ends, the number may be released.
• Your website. If you show the chat on your website, your dealership’s own privacy notice should tell shoppers that chats are answered by an automated assistant and handled by service providers.

8.Third-Party Data And Services

The Service uses data and services from other companies, including market listing data from MarketCheck, VIN data from the National Highway Traffic Safety Administration (NHTSA), links or connections to Carfax and Manheim (MMR), and AI services from OpenAI and Anthropic that write and check the AI Sales Assistant’s messages.

• Those companies’ own terms apply to their services. Carfax and Manheim require your dealership’s own accounts and credentials.
• We don’t control third-party data or services and aren’t responsible for their accuracy, availability or changes. If a provider changes or stops its service, features that rely on it may change or stop.

9.Acceptable Use

You agree not to, and not to let anyone else:

• share, resell, sublicense or rent access to the Service or its data to anyone outside your dealership;
• copy, scrape, bulk-download or systematically extract data from the Service, or use it to build a competing product or database;
• reverse engineer, probe, or try to get around security, lookup limits or access controls;
• interfere with or overload the Service, or use bots or scripts against it except as we allow in writing;
• enter information you don’t have the right to use, or use the Service for anything unlawful, deceptive or discriminatory — including in violation of consumer protection, advertising, privacy or fair lending laws.

10.Your Data

You own your data. That includes the cars, customers, trade-in details, notes and other information your team enters (“Your Data”).

• You give us permission to store, process and display Your Data only as needed to run, secure, support and improve the Service for you.
• You are responsible for having the right to enter customer information and for complying with the privacy and data security laws that apply to your dealership.
• We encrypt the data we store and use HTTPS for every connection, but no system is perfectly secure. We’ll tell you without unreasonable delay if we learn of a breach affecting Your Data.
• We keep a log of lookups (who ran what, and what came back) to support you, troubleshoot and prevent misuse.
• Customer information safeguards. When Your Data includes your customers’ information, we act as your service provider. We keep administrative, technical and physical safeguards designed to protect it, including encryption in transit and at rest, access limited to your dealership’s logins, approval of new devices for administrator accounts, and activity logs. We use it only to provide the Service to you, and we’ll answer reasonable security questions your dealership needs for its own obligations, such as the FTC Safeguards Rule or state data security rules.
• We may use anonymous, aggregated information that doesn’t identify your dealership, your customers or your staff to operate and improve the Service.
• We don’t sell Your Data.

11.Our Property

The Service — its software, pricing methods, design, text and the AcuPrice name and logo — belongs to us and our licensors. These Terms give your dealership a limited, non-exclusive, non-transferable right to use the Service for its own business during your subscription. Everything not expressly granted is reserved.

If you send us ideas or feedback, we may use them without any obligation to you.

12.Changes To The Service

We improve the Service over time and may add, change or remove features. If we remove a major feature from a paid plan you’re on, we’ll give you reasonable notice. We aim to keep the Service available but don’t guarantee it will be uninterrupted or error-free, including during maintenance or outages at our hosting or data providers.

13.Suspension And Termination

• Either of us may end the subscription at the end of a billing period by giving notice, or as your quote allows.
• We may suspend or end access right away if you seriously or repeatedly break these Terms, don’t pay, or if your use creates a security or legal risk.
• When access ends, your logins stop working. For 30 days afterward you can ask us for an export of Your Data. After that we may delete it, except where we need to keep records by law.
• Sections that by their nature should continue — such as payment owed, Your Data, Our Property, disclaimers, limitation of liability, indemnity and governing law — survive termination.

14.Disclaimers

To the fullest extent the law allows, the Service is provided “as is” and “as available.” We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement, and we don’t warrant that any price, estimate or data is accurate, complete or current.

15.Limitation Of Liability

To the fullest extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost sales or lost data, even if told they were possible; and (b) our total liability for all claims relating to the Service is limited to the fees your dealership paid us for the Service in the 12 months before the event giving rise to the claim. These limits don’t apply to your obligation to pay fees or to your indemnity obligations.

In particular, we are not responsible for losses from pricing, buying, selling or trade decisions made using the Service.

16.Indemnity

Your dealership will defend and hold us harmless from claims by third parties (including your customers) arising from Your Data, your use of the Service in breach of these Terms, or your pricing, advertising, appraisal, purchasing or sales decisions, and will cover reasonable costs and damages resulting from those claims.

17.Governing Law And Disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law rules. Before filing any claim, each of us agrees to try in good faith to resolve the dispute informally for 30 days. Any lawsuit will be brought only in the state or federal courts located in Massachusetts, and both parties consent to those courts.

18.Changes To These Terms

We may update these Terms from time to time. We’ll post the new version here with a new effective date and, for material changes, notify your dealership by email or in the app at least 30 days before they take effect. If you keep using the Service after changes take effect, you accept the updated Terms.

19.General

• These Terms, together with any quote or order form, are the entire agreement between us about the Service.
• If any part is found unenforceable, the rest stays in effect.
• Not enforcing a provision isn’t a waiver of it.
• You may not transfer these Terms without our written consent, except to a buyer of your dealership. We may transfer them as part of a sale or reorganization of our business.
• Neither party is liable for delays caused by events beyond its reasonable control.
• Notices to us go to acuprice1@gmail.com. Notices to you go to the email we have on file for your dealership.

20.Contact

Questions about these Terms? Contact us at acuprice1@gmail.com or (855) 368-0218.