These Terms of Service ("Terms") constitute a legally binding agreement between you ("Dealer," "you," or "your") and KMA Auto Inc, a California corporation ("KMA Auto," "we," "us," or "our"), governing your access to and use of DealerWyze ("Service").
By creating an account or otherwise accessing or using the Service, you represent that you are at least 18 years of age, have the legal authority to bind the business entity on whose behalf you are acting, and agree to be bound by these Terms. If you do not agree, do not access or use the Service.
DealerWyze is a subscription-based SaaS platform designed for independent used automobile dealerships. Core features include customer contact management, lead tracking, two-way SMS messaging, Gmail lead capture, vehicle inventory management, appointment scheduling, and document storage.
3.1 You must provide accurate, current, and complete information during registration and keep it updated.
3.2 Your subscription permits access by dealership owners and their staff. You are responsible for all activity that occurs under your account.
3.3 You must maintain the confidentiality of your login credentials. Notify us immediately at [email protected] upon discovering any unauthorized access.
3.4 Each subscription covers a single dealership location. Multi-location dealers must contact us for enterprise pricing.
4.1 Subscription Fee. DealerWyze is offered on a monthly subscription basis, billed in advance.
4.2 SMS Usage Charges. SMS messaging features are powered by Twilio. Usage charges are passed through at Twilio's cost plus a service markup, billed monthly in arrears.
4.3 Free Trial. New accounts receive a thirty (30) day free trial with access to all features included in the subscribed plan. After the trial ends, your account enters a seven (7) day grace period. If no payment method is added during the grace period, your account is automatically downgraded to the Free Tier (see Section 5).
4.4 Payment Processing. All payments are processed by Stripe, Inc. By providing payment information, you authorize us to charge the payment method on file for all applicable fees.
4.5 Failed Payments. If a payment fails, we will attempt to collect payment up to three (3) times over seven (7) days. If payment is not received, your account may be suspended or terminated.
4.6 No Refunds. All fees are non-refundable except as required by applicable law. If you cancel mid-cycle, you retain access through the end of the paid billing period; no partial-month refunds are issued.
4.7 Price Changes. We reserve the right to adjust pricing upon thirty (30) days written notice. Continued use after the effective date constitutes acceptance.
5.1 Trial Period. The free trial is thirty (30) days and is available once per business entity. Creating multiple accounts to exploit multiple free trials is prohibited and may result in immediate suspension.
5.2 Grace Period. When the trial ends, your account enters a seven (7) day grace period. During this period you retain full access. We will send reminder emails. If you add a valid payment method before it expires, your service continues uninterrupted.
5.3 Free Tier. If no payment method is added by the end of the grace period, your account is automatically downgraded to the Free Tier, which includes: customer management, email communications, vehicle inventory management, BHPH ledger tracking, and basic analytics. The Free Tier does not include Twilio-powered SMS/MMS messaging, the Voice AI Assistant, Video Auto-Poster, automated sequences, or PostGrid card mailings. You may still compose text messages and open your phone's native messaging app to send them manually ("Open Messages").
5.4 Free Tier Duration and Suspension. Free Tier accounts that remain on the Free Tier for ninety (90) consecutive days without adding a payment method may be automatically suspended. Suspended accounts have thirty (30) days to export their data before permanent deletion.
5.5 We reserve the right to modify or discontinue the free trial or Free Tier at any time with fourteen (14) days notice by email.
6.1 You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Cancellation takes effect at the end of the current billing cycle.
6.2 Account Lifecycle. Accounts without a payment method follow this progression: (1) Days 1-30: free trial with full features; (2) Days 31-37: grace period with full access and daily reminder emails; (3) Day 38 onward: Free Tier with limited features (see Section 5.3); (4) Day 128 onward (90 days after Free Tier entry): eligible for automatic suspension; (5) Post-suspension: 30-day window to export data, then permanent deletion.
6.3 Data Retention After Cancellation. Following the end of your paid subscription, your data will be retained for ninety (90) calendar days. During this period you may use the data export tool in Settings to download a ZIP file of your data. After the Retention Period, your data will be permanently deleted from our production systems.
6.4 Data Export. An Export All Data tool is available in Settings at any time. We encourage you to export your data before canceling.
7.1 Permitted Use. The Service is licensed solely for lawful CRM and dealership business operations related to the sale and purchase of used motor vehicles.
7.2 Prohibited Conduct. You agree not to use the Service to:
8.1 SMS functionality is provided through Twilio. You are solely responsible for compliance with all applicable telecommunications laws governing your use of SMS messaging.
8.2 A2P 10DLC Registration. You are responsible for ensuring your brand and campaign are properly registered with applicable carriers. We are not liable for message delivery failures resulting from your failure to complete A2P 10DLC registration.
8.3 TCPA Compliance. You represent and warrant that you will:
8.4 Dealer Responsibility. You, as the Dealer, are the "sender" of all SMS messages. KMA Auto Inc is a service provider. You agree to indemnify, defend, and hold harmless KMA Auto Inc from any claim arising from your SMS messaging practices, including TCPA violations.
8.5 Prohibited SMS Content. You must not send messages that are sexually explicit, harassing, hateful, threatening, phishing, fraudulent, or in violation of carrier messaging policies or CTIA guidelines.
9.1 You retain all right, title, and interest in and to the data you input into the Service ("Dealer Data"). KMA Auto Inc does not claim ownership of Dealer Data.
9.2 You grant KMA Auto Inc a limited, non-exclusive, royalty-free license to access, process, store, and use your Dealer Data solely to provide and improve the Service. We will not use your Dealer Data for advertising or marketing to your customers.
9.3 We may compile anonymized, aggregated usage data that cannot reasonably identify you or your customers. This aggregated data is our property and may be used to improve the Service.
9.4 You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of all Dealer Data you submit.
9.5 Document Storage — Not a System of Record. The document storage feature (vehicle documents, uploaded files, and attachments) is provided solely as a convenience for quick reference during active dealership operations. DealerWyze is not a certified system of record, document management system, or legal archive. You must not rely on the Service as your sole or primary repository for any document that may have legal, regulatory, compliance, or financial significance, including but not limited to vehicle titles, purchase contracts, financing agreements, DMV submissions, warranty documents, or customer consent records. You are solely responsible for maintaining independent, compliant copies of all such documents through appropriate systems. KMA Auto Inc expressly disclaims any liability arising from the loss, corruption, inaccessibility, or deletion of uploaded documents, including documents deleted automatically upon account cancellation or storage cap enforcement. Storage availability is subject to plan limits and may be modified with thirty (30) days notice.
9.6 Storage Quotas and Add-On Packs. Each subscription includes a base document storage allowance of 500 MB shared across all vehicle and customer documents in your account. Additional storage capacity ("Storage Packs") is available as a monthly add-on billed through your existing Stripe subscription: 10 GB for $4.99/month or 25 GB for $9.99/month. Storage Pack pricing is subject to change with thirty (30) days notice. Your effective storage quota is the total of your base allowance plus any active Storage Pack capacity. Uploads that would cause your total stored data to exceed your effective quota will be rejected; you must delete existing documents or upgrade your Storage Pack to continue uploading.
9.7 Storage Pack Cancellation and Grace Period. If your Storage Pack is cancelled, your payment fails, or your overall subscription is downgraded or cancelled, your effective storage quota will revert to the 500 MB base allowance. However, your existing uploaded files will be retained for ninety (90) calendar days from the date of cancellation or payment failure ("Storage Grace Period"). During the Storage Grace Period you may continue to access and download your existing documents, but new uploads above the 500 MB base quota will be blocked. After the Storage Grace Period expires, files that cause your account to exceed the 500 MB base quota will be permanently deleted on a rolling basis, beginning with the largest files. You are solely responsible for downloading and preserving any documents you wish to retain before the Storage Grace Period expires. KMA Auto Inc is not liable for any loss of documents resulting from storage quota enforcement.
10.1 The Service, including all software, interfaces, documentation, designs, and trademarks created by KMA Auto Inc, is owned by or licensed to KMA Auto Inc. These Terms do not grant you any rights in our intellectual property beyond the limited license to use the Service.
10.2 Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use such feedback without restriction or compensation to you.
If you believe that material accessible through the Service infringes your copyright, please contact our DMCA Agent at: [email protected]. Your notification must include identification of the copyrighted work, identification of the infringing material and its location, your contact information, a good faith belief statement, and your signature.
12.1 Non-Payment. We may suspend your access if payment is overdue and not cured within seven (7) days of notice. We will send reminder emails prior to suspension.
12.2 Automated Lifecycle Suspension. Accounts that progress through the trial and grace period without a payment method are automatically transitioned to the Free Tier. Accounts that remain on the Free Tier for ninety (90) consecutive days without upgrading may be automatically suspended. We will send notice by email prior to suspension.
12.3 Suspension for Abuse. We may immediately suspend or terminate your account without prior notice if you violate the Acceptable Use Policy, use the Service for illegal activity, exhibit patterns of abuse or excessive usage (including SMS velocity spikes or repeated registration attempts), or your account creates legal or reputational risk to KMA Auto Inc.
12.4 Hard Deletion. Suspended accounts are reviewed by KMA Auto Inc personnel before permanent deletion. Once deletion is initiated, data cannot be recovered. You are responsible for exporting your data before suspension or deletion.
12.5 Upon termination, your license to use the Service immediately ceases. Sections 8.4, 9, 10, 13, 14, 15, 16, and 17 survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KMA AUTO INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KMA AUTO INC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. OUR TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE GREATER OF: (A) FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless KMA Auto Inc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and fees (including reasonable attorneys' fees) arising out of your use of the Service, violation of these Terms, SMS messaging practices, or any content or data you submit to the Service.
16.1 These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.
16.2 Any dispute that cannot be resolved by good-faith negotiation within thirty (30) days will be submitted to binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitrator's award will be final and binding.
16.3 Class Action Waiver. You and KMA Auto Inc agree that each may bring claims only in your or its individual capacity and not as a plaintiff or class member in any purported class proceeding.
16.4 Either party may seek injunctive or equitable relief in a court of competent jurisdiction in California to prevent irreparable harm pending arbitration.
17.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and KMA Auto Inc regarding the Service.
17.2 Amendments. We may update these Terms from time to time with fourteen (14) days notice. Continued use after the effective date constitutes acceptance.
17.3 Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
17.4 Waiver. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
17.5 Assignment. You may not assign your rights or obligations without our prior written consent. We may assign without restriction.
17.6 Force Majeure. We will not be liable for any failure or delay in performance due to causes beyond our reasonable control.
KMA Auto Inc
Email: [email protected]
Website: dealerwyze.com