Terms of Service

By accessing or using the website located at https://driverseat.io (the "Website"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Website.

These Terms govern your use of the Website only. If you are a dealership customer using the Driverseat platform under a separately executed Master Services Agreement ("MSA") with Driverseat.io, LLC, the MSA governs your use of the Driverseat platform and Services and supersedes these Terms with respect to such use. These Terms continue to apply to your use of the public Website outside the scope of the MSA.

The Website is operated by Driverseat.io, LLC, a Georgia limited liability company ("Driverseat," "we," "us," or "our").

Subject to your compliance with these Terms, Driverseat grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Website for your personal or internal business evaluation purposes. This license does not include any right to:

• modify, copy, or create derivative works of any Website content;
• use the Website or its content for commercial resale or redistribution;
• decompile, reverse engineer, disassemble, or attempt to derive the source code of any software made available through the Website;
• remove any copyright, trademark, or other proprietary notices;
• frame, mirror, or scrape the Website or use any automated means (including bots, crawlers, or data extraction tools) to access the Website without our prior written consent;
• use the Website to transmit malware, viruses, or other harmful code; or
• use the Website in violation of any applicable law or regulation.

This license terminates automatically if you violate any of these Terms and may be terminated by Driverseat at any time, with or without notice. Upon termination, you must cease all use of the Website and destroy any downloaded materials.

The Website and its content — including text, graphics, logos, images, software, and the "Driverseat" name and logo — are the property of Driverseat or its licensors and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

You may not use Driverseat's trademarks, logos, or trade dress without prior written permission. Other names, logos, and marks appearing on the Website are the property of their respective owners.

The materials on the Website may include technical, typographical, or photographic errors. Driverseat does not warrant that any materials on the Website are accurate, complete, or current. Driverseat may make changes to the Website and its content at any time without notice and is under no obligation to update any materials.

The Website may contain links to third-party websites or services that are not owned or controlled by Driverseat. Driverseat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Your use of any linked website is at your own risk.

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVERSEAT DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.

Driverseat does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You are responsible for implementing appropriate safeguards (including anti-virus protection and data backup procedures) to protect your systems and data.

TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVERSEAT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DRIVERSEAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DRIVERSEAT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

The foregoing limitations do not apply to liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless Driverseat and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Website; (b) your violation of these Terms; or (c) your violation of any rights of a third party.

These Terms and any dispute or claim arising out of or related to them or the Website (including non-contractual disputes) are governed by the laws of the State of Georgia, without regard to its conflict of laws principles.

Subject to the dispute resolution provisions of any applicable MSA, any legal action arising out of or related to these Terms or the Website must be brought exclusively in the federal or state courts located in Atlanta, Fulton County, Georgia, and you consent to the personal jurisdiction of those courts and waive any objection to venue in those courts. Driverseat retains the right to bring an action against you in any court of competent jurisdiction to enforce its intellectual property rights or seek injunctive relief.

Driverseat may revise these Terms at any time by posting an updated version on the Website. The "Effective Date" above will reflect the date of the most recent revision. Your continued use of the Website after the Effective Date of any revision constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.

No waiver by Driverseat of any term in these Terms is a further or continuing waiver of that term or any other term. Driverseat's failure to enforce any right or provision under these Terms is not a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

These Terms, together with the Privacy Policy and (where applicable) any MSA between you and Driverseat, constitute the entire agreement between you and Driverseat regarding the Website and supersede all prior agreements and understandings.

Questions about these Terms may be directed to hello@driverseat.io.