Terms of Service
These Terms of Service (“Terms”) are a binding agreement between you (“Customer,” “you”) and DealFlo Inc, a Colorado corporation (“DealFlo,” “we”). By creating an account, clicking to accept, or using the DealFlo platform (collectively, the “Service”), you agree to these Terms. If you are accepting on behalf of a dealership or other entity, you represent that you have authority to bind that entity.
1. The Service
DealFlo provides an AI-assisted conversation platform built for automotive dealerships and individual salespeople. The Service helps you communicate with consumers by SMS and email, manage leads, schedule appointments, and integrate with supported CRMs. Features, pricing, and availability may change over time.
2. Accounts
You must be at least 18 years old and legally able to enter contracts. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly if you suspect unauthorized access. Accounts are for the use of the Customer and its authorized employees or contractors.
3. Subscription and billing
- Plans: the Dealership plan is billed at the rate shown at checkout (currently $1,495 per month). The Salesperson plan is billed at $219 per month. Prices may change with notice before your next renewal.
- Free trial: new accounts may receive a 14-day free trial. If you do not cancel before the trial ends, you will be charged the then-current subscription rate.
- Automatic renewal: subscriptions renew automatically each month until canceled. You can cancel from the Billing page; cancellation takes effect at the end of the current billing period.
- Taxes: fees are exclusive of taxes. You are responsible for applicable sales, use, and similar taxes.
- Refunds: fees are generally non-refundable, except where required by law.
- Payment processor: payments are processed by Stripe. You authorize us to charge your payment method for fees when due.
4. Acceptable use
You agree not to use the Service to:
- Violate any law, including telemarketing, consumer-protection, or anti-spam laws.
- Harass, defraud, or deceive any person.
- Send content that is unlawful, obscene, defamatory, threatening, or harmful to minors.
- Distribute malware or interfere with the Service’s security or operation.
- Reverse engineer, decompile, scrape, or copy the Service except as permitted by law.
- Resell, sublicense, or commercially exploit the Service without our written consent.
- Use the Service for any purpose other than communicating with your own actual or prospective customers.
5. SMS, TCPA, and consent
5.1 Consent requirements
You represent and warrant that every phone number you upload or import into the Service belongs to a person who has given you prior express consent, where required, to receive automated text messages from you. You will keep records sufficient to prove that consent for the period required by applicable law.
5.2 Do-not-contact and opt-outs
You must not upload or message any contact who has opted out, is on the National Do Not Call Registry where applicable, has requested not to be contacted, or is marked DNC in your own records. The Service honors opt-out keywords (STOP, UNSUBSCRIBE, QUIT, CANCEL, END) automatically and responds to HELP with information on how to reach the business, but you are still responsible for suppressing contacts who opted out through other channels.
5.3 Disclosures to consumers
You must give consumers the disclosures required by applicable law at the point you collect their phone number, including that messages may be automated, that message frequency varies, that message and data rates may apply, how to reach you for help, and how to stop receiving messages (for example, “Reply STOP to opt out, HELP for help”).
5.4 Carrier rules and registration
Our SMS delivery partner (Twilio) requires messaging campaigns to be registered under A2P 10DLC and subjects traffic to carrier filtering. You agree to cooperate with our registration process and to provide accurate information about your business, your messaging use case, and your consent practices.
6. Your data and license to us
You own your Customer Data, which includes the leads you upload, the messages you send and receive, your settings, and anything else you submit to the Service. You grant DealFlo a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely to provide, maintain, and improve the Service and to perform our obligations under these Terms.
We may use de-identified and aggregated data derived from Customer Data to operate, analyze, and improve the Service, including AI model quality. We will not sell Customer Data.
7. AI-generated content (Riley)
The Service uses large-language-model technology to draft messages on your behalf. You are responsible for reviewing the configuration of your agents, your follow-up cadence, and the messages that go out. AI output can contain errors, omissions, or unexpected language. You accept responsibility for messages sent from your account, whether composed by a human or generated by the AI, including their compliance with law and accuracy of any factual statements. Do not rely on the AI to quote prices, payments, vehicle values, or financing terms to a consumer.
8. Third-party services and integrations
The Service relies on third-party providers and may offer optional integrations (for example, CRMs such as VinSolutions, DealerSocket, eLead, CDK, Reynolds, or Tekion, plus Stripe, Twilio, SendGrid, Clerk, OpenAI, Convex, Vercel, and AWS). Your use of a third-party service is governed by that service’s own terms. We are not responsible for third-party services or their acts or omissions.
9. Intellectual property
The Service, including its software, interfaces, designs, text, graphics, and brand (other than Customer Data), is owned by DealFlo and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription. You may not use our name, logo, or trademarks without our prior written consent.
10. Feedback
If you provide feedback or suggestions about the Service, you grant DealFlo a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
11. Suspension and termination
We may suspend or terminate your access to the Service at any time if you breach these Terms, if your payment fails and remains unpaid after notice, if your usage threatens the security or stability of the Service, or if we reasonably believe your activity violates law. You may cancel your subscription at any time from the Billing page. Sections that by their nature should survive termination will survive, including provisions on intellectual property, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALFLO DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT AI-GENERATED OUTPUT WILL BE ACCURATE, OR THAT ANY PARTICULAR RESULT OR DELIVERY WILL BE ACHIEVED.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALFLO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO DEALFLO FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You will defend, indemnify, and hold harmless DealFlo and its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Customer Data; (b) your use of the Service; (c) your violation of these Terms; (d) your violation of any law, including the TCPA, CAN-SPAM, and state telemarketing laws; or (e) your violation of the rights of any third party, including any consumer you contact through the Service.
15. Governing law and venue
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Any dispute not subject to the arbitration agreement below will be brought exclusively in the state or federal courts located in Jefferson County, Colorado, and you consent to personal jurisdiction and venue there.
16. Arbitration and class-action waiver
Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Denver, Colorado, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Each party waives any right to a jury trial and to participate in a class, collective, or representative action. Either party may still seek injunctive or equitable relief in court to protect intellectual-property rights or confidential information.
17. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and notify you by email or in-app notice before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
18. Miscellaneous
- Entire agreement: these Terms, together with our Privacy Policy and any order forms or plan-specific terms, constitute the entire agreement between you and DealFlo regarding the Service.
- Severability: if any provision is held unenforceable, the remaining provisions remain in effect.
- No waiver: our failure to enforce any right is not a waiver.
- Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure: neither party is liable for delay or failure to perform due to causes beyond reasonable control.
- Relationship: the parties are independent contractors.
- Notices: we may notify you by email, through the Service, or by postings. You may notify us at the address below.