These Terms of Service (“Terms”) govern your access to and use of the DealerPost Pro service, website, and related software (collectively, the “Service”). The Service is operated by DealerPost Pro (“DealerPost Pro,” “we,” “us,” or “our”).
By creating an account, clicking “I agree,” or using the Service, you (“you,” “Customer,” or “Dealer”) agree to be bound by these Terms. If you do not agree, do not use the Service.
1. The Service
DealerPost Pro is a software-as-a-service platform that helps automotive dealers create marketing content for their vehicle inventory. Features may include, without limitation:
- AI-assisted generation of post copy, captions, and translations;
- Photo editing, overlays, and branded image rendering;
- Inventory import, scraping, and synchronization tools;
- Publishing or assistance with publishing to third-party platforms such as Facebook, Facebook Marketplace, and other social networks;
- A messaging assistant (“Smart Inbox”) that drafts replies to customer comments and direct messages.
We may modify, add, or discontinue features at any time. Material changes that reduce core functionality will be communicated with reasonable notice.
2. Your Account
You must register an account to use the Service. You agree to provide accurate information and keep your credentials confidential. You are responsible for all activity under your account. You must notify us promptly at support@dealerpostpro.com of any unauthorized access.
You must be at least 18 years old and legally able to enter into contracts to use the Service.
3. Subscriptions, Fees & Billing
3.1 Subscription Plans
Access to the Service is sold as a recurring subscription. Current pricing is shown during signup and in your account settings. All fees are quoted in U.S. dollars and are exclusive of applicable taxes.
3.2 Free Trial
We may offer a free trial period. Unless you cancel before the trial ends, your subscription will automatically begin and your payment method will be charged the then-current subscription fee.
3.3 Auto-Renewal
Subscriptions renew automatically at the end of each billing period using the payment method on file. You authorize us (and our payment processor, Stripe) to charge that payment method for each renewal until you cancel.
3.4 Cancellation
You may cancel at any time from your account settings or the Stripe customer portal. Cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law.
3.5 Price Changes
We may change subscription fees with at least thirty (30) days’ prior notice by email or in-app notification. Continued use after the change constitutes acceptance of the new price.
3.6 Suspension for Non-Payment
We may suspend or terminate access for failed or disputed payments. We may retain your data for a reasonable period to allow resolution before deletion.
4. Acceptable Use
You agree not to use the Service to:
- violate any law, regulation, or third-party right, including motor-vehicle advertising, dealer-licensing, consumer-protection, telemarketing, or privacy laws;
- post content that is false, misleading, defamatory, discriminatory, harassing, or that infringes intellectual-property rights;
- publish vehicle pricing, financing terms, warranty claims, or condition representations that are inaccurate, not authorized, or that you have not independently verified;
- send unsolicited commercial messages, spam, or autodialed/text-message communications in violation of the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar laws;
- circumvent, overload, or interfere with the Service’s security or rate limits;
- reverse-engineer, decompile, scrape, or create derivative works of the Service or its underlying models;
- use the Service on behalf of any party you are not authorized to represent, or impersonate any person or dealership;
- violate the terms, policies, or community standards of any third-party platform (including Meta/Facebook, Instagram, or similar) through use of the Service.
We may investigate suspected violations and may suspend or terminate accounts at our discretion, with or without notice.
5. Your Content
“Customer Content” means any data, text, photos, videos, vehicle inventory, logos, customer messages, credentials, or other material you submit to or through the Service.
You retain all rights in your Customer Content. You grant DealerPost Pro a worldwide, non-exclusive, royalty-free license to host, process, copy, transmit, display, modify, and create derivative works of your Customer Content solely for the purpose of operating, securing, improving, and providing the Service to you, including passing your content to the third-party sub-processors described in our Privacy Policy.
You represent and warrant that you own or have all necessary rights to your Customer Content, including the right to display and publish photographs, logos, trademarks, and vehicle descriptions through the Service and to any third-party platform you connect.
6. AI-Generated Output
The Service uses large language models and other machine-learning systems to generate post copy, translations, suggested replies, and similar output (“AI Output”).
AI Output is provided on an “as-is” and “as-available” basis. AI systems can make mistakes, including factual, grammatical, legal, and compliance errors. You are solely responsible for reviewing, correcting, and approving any AI Output before it is published, sent to a customer, or otherwise relied upon.
You acknowledge that the Service applies compliance filtering to AI Output (for example, to avoid payment quotes, APR figures, or guaranteed-approval language) but that such filtering is not guaranteed to catch every problematic phrase. Final responsibility for all published content remains with you.
7. Dealer Compliance Responsibilities
You are a regulated business. You alone are responsible for ensuring that your use of the Service complies with every law and regulation that applies to your dealership, including without limitation:
- the FTC Used Car Rule and the FTC Combating Auto Retail Scams (CARS) Rule;
- state and federal advertising rules (e.g., no bait-and-switch, total-price disclosure, availability representations);
- state lemon laws and used-car disclosure obligations;
- financing, lending, and disclosure laws (TILA, Regulation Z, Regulation B/ECOA);
- California Civil Code § 1632 (Spanish-language contracts) if you communicate with customers in Spanish;
- the Telephone Consumer Protection Act (TCPA) and any state equivalents for text or voice communications;
- dealer licensing, bonding, and tax-collection obligations;
- the terms of service, community standards, and advertising policies of any third-party platform (Meta, Facebook Marketplace, Instagram, etc.) through which your content is distributed.
DealerPost Pro provides tools, not legal or compliance advice. Nothing in the Service constitutes legal advice to you.
8. Third-Party Platforms & Services
The Service integrates with and depends on third-party services and platforms, including (without limitation): Meta Platforms (Facebook, Facebook Marketplace, Instagram), Anthropic PBC (AI model inference), Stripe, Inc. (payments), Cloudflare R2 (object storage), Supabase (authentication and database), Google (Maps/Places), Twilio or similar (where applicable), and the scraping targets for inventory sources you configure.
Your use of those platforms is governed by their own terms and policies. We are not responsible for the availability, accuracy, or conduct of any third-party service, and we are not liable for losses caused by the suspension, restriction, or policy change of any third-party platform (for example, Facebook revoking an app permission or suspending a Page).
9. Data Processing Between the Parties
With respect to end-customer personal information processed through the Service (for example, names, phone numbers, or message content contained in Facebook comments or direct messages), you are the “business” or “controller” under applicable privacy laws including the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), and DealerPost Pro acts as a “service provider” or “processor” on your behalf.
You are responsible for: (a) providing any privacy notices required by law to your customers; (b) obtaining any consents required for data collection, text messaging, call recording, or targeted advertising; (c) responding to data-subject requests directed to you; and (d) ensuring you have a lawful basis to share customer content with DealerPost Pro.
A separate Data Processing Addendum (DPA) is available on request by emailing privacy@dealerpostpro.com.
10. Intellectual Property
The Service, including all software, models, prompts, templates, user interface, and documentation, is owned by DealerPost Pro and its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you.
We welcome your feedback. If you send us suggestions or ideas, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
11. Confidentiality
Each party will protect the other’s non-public business information using the same degree of care it uses for its own confidential information, and no less than a reasonable standard. This section does not apply to information that is already public, independently developed, or required to be disclosed by law.
12. Disclaimer of Warranties
THE SERVICE AND ALL CONTENT AND OUTPUT PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI OUTPUT WILL BE ACCURATE, LAWFUL, OR COMPLIANT WITH ANY PARTICULAR REGULATION OR PLATFORM POLICY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS; IN THOSE JURISDICTIONS THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEALERPOST PRO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO DEALERPOST PRO UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.
14. Indemnification
You agree to defend, indemnify, and hold harmless DealerPost Pro and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, demands, losses, liabilities, damages, judgments, awards, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- any content you generate, edit, publish, send, or otherwise distribute through or with the assistance of the Service, including posts, captions, photographs, videos, price overlays, Smart Inbox replies, and communications with your customers;
- your inventory data, vehicle descriptions, photos, pricing, and representations, including any inaccuracy or omission;
- your communications with consumers, leads, or prospective customers (including through Facebook, Facebook Marketplace, Messenger, Instagram, SMS, email, or voice);
- your violation or alleged violation of any law, regulation, or third-party right (including FTC rules, state advertising and dealer-licensing laws, TCPA, CAN-SPAM, CCPA/CPRA, lemon laws, Cal. Civ. Code § 1632, or intellectual-property rights);
- your violation of any third-party platform’s terms or policies, including Meta Platforms’ advertising, commerce, or community standards;
- your breach of these Terms, including the Acceptable Use section and your representations regarding Customer Content;
- any dispute between you and a customer, lead, employee, agent, or other dealer.
We will promptly notify you of any claim subject to indemnification and will cooperate reasonably in the defense. We reserve the right to assume sole control of the defense and settlement of any matter subject to indemnification by you, at your expense. You may not settle any claim that imposes any obligation on us without our prior written consent.
15. Term and Termination
These Terms apply from the date you first accept them until your account is closed. You may close your account at any time. We may suspend or terminate your account immediately if you materially breach these Terms, if your use poses legal or reputational risk, if you fail to pay fees, or if we stop offering the Service.
Upon termination: (a) your right to use the Service ends; (b) we may delete your Customer Content after a reasonable retention period consistent with our Privacy Policy; and (c) provisions that by their nature should survive will survive (including Sections 5, 6, 7, 10, 12, 13, 14, 17, and 18).
16. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service. Changes take effect on the date posted unless otherwise stated. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
17. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. You and DealerPost Pro consent to the exclusive jurisdiction of the state and federal courts located in Monterey County, California, for any dispute not subject to arbitration.
Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at support@dealerpostpro.com. If not resolved within thirty (30) days, either party may pursue available remedies.
You and DealerPost Pro each waive any right to a jury trial and to participate in a class action, class arbitration, or representative action to the maximum extent permitted by law.
18. General
Entire Agreement. These Terms, together with the Privacy Policy and any order form or DPA you execute with us, are the entire agreement between you and DealerPost Pro regarding the Service.
No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Independent Contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of third-party platforms.
Notices. Legal notices must be sent to legal@dealerpostpro.com and will be deemed received on confirmed delivery. We may give notice to you at the email address on your account.
19. Contact
Questions about these Terms: support@dealerpostpro.com
Privacy requests: privacy@dealerpostpro.com
Legal notices: legal@dealerpostpro.com