Terms of Service

1. Who these terms cover

These Terms of Service (the “Terms”) are an agreement between Motorvar LLC, a Virginia limited liability company (“Motorvar,” “we” or “us”), and the business that signs up for Motorvar (the “Dealer” or “you”). The person who accepts them must have authority to bind that business. Motorvar is for businesses in the United States, not for personal, family or household use.

These Terms and any order form or pilot agreement we both sign make up the agreement between us. Our Privacy Policy explains how we handle personal information. If your dealership needs data-processing terms, email privacy@motorvar.com.

Everyone you invite to your account must follow these Terms, and you are responsible for what they do in it.

2. What Motorvar is

Motorvar is software for running a used-car dealership: inventory and reconditioning, leads and customer messages, appointments, deals and paperwork, reports, and the car pages, storefront, embed and inventory feeds you publish.

Motorvar is not a lender, loan broker, insurer or seller of vehicles, and we are not a party to your sales. Payment estimates in Motorvar are illustrations, not credit offers, approvals or commitments. Check every figure, and give your customers the disclosures the law requires.

Motorvar Capital is a module for keeping records of inventory financing. It is offered only to dealers we invite, and only we can switch it on for a dealership. It records the information you enter; Motorvar does not lend money or arrange financing through it. There is no extra charge for Motorvar Capital during the pilot, and we will give you at least 30 days' notice by email before we add one.

3. Accounts and sign-in

Keep your account and billing details accurate. Each person needs their own account, and accounts must not be shared.

People sign in with a one-time link we email to them; there are no passwords. Because sign-in links go to each person's email address, keep those email accounts secure.

Give each person the role their job needs, remove people when they leave, and tell us right away at support@motorvar.com if you think someone else has access to your account.

4. Plans, the free trial and renewal

Every plan includes every feature that is generally available. Prices are in U.S. dollars and do not include taxes.

The 14-day free trial requires a payment card. Unless you cancel before the trial ends, your card is charged automatically for the plan you chose when the trial ends, and then every month until you cancel.

After checkout we email you a confirmation with your plan, its price and the date your trial ends. Each account gets one free trial. If you restart a plan later, you are charged on the day you restart.

Canceling

You can cancel at any time in Motorvar, without talking to anyone: open Settings, then Business, then Manage billing. Only an owner of the dealership that holds the billing account can cancel or change the plan. You can also email support@motorvar.com for help.

Canceling stops the next renewal. You keep full access until the end of the month you have paid for, or until the end of your trial if you cancel during it. We email you to confirm the cancellation. You can cancel even while a payment is overdue, and charges from before you canceled are still owed.

Refunds and plan changes

Fees are not refundable, and canceling partway through a month is not prorated, except where the law requires a refund or these Terms promise one. If we charge you by mistake, we will correct it.

A plan change takes effect right away. When you change plans or add a rooftop, the difference for the rest of the month is added to your next invoice as a charge or a credit. You cannot move to a plan that has room for fewer people or rooftops than you have.

5. Billing and late payments

We bill subscription fees monthly in advance through Stripe. Stripe keeps your card details, and we never see your full card number. You pay any taxes that apply to your purchase, other than taxes on Motorvar's income.

If a payment fails, Stripe tries your card again over the next 2 weeks, and your account keeps working while it does. Owners see a notice in Motorvar asking them to update the card. If the payment still has not gone through after 2 weeks, your subscription is canceled and section 7 applies, just as if you had canceled. Amounts you already owe remain payable.

We will email you at least 30 days before we raise a price, with instructions for canceling. A new price applies from your first renewal after those 30 days.

6. Texting

Texting will be an optional extra that you turn on yourself. Nothing about texting is charged until you turn it on and accept its rates.

Before you turn it on, we will show you the price per message, how messages are counted (a long message can count as more than one) and any fee for your phone number or its registration.

You set a monthly spending limit for texts. It is a true maximum: once your message charges for the billing month reach it, Motorvar sends no more texts, including replies to customers, until the next billing month or until you raise the limit. We never raise it without your permission. Any monthly fee for your phone number is shown before you turn texting on and is billed separately from the limit. Customers can still opt out when you have reached it. Texting charges you have already run up are still owed after you cancel.

7. Your data

Your dealership's data belongs to you. That means the records, documents, messages and other content you or your customers put into Motorvar (“Dealer Data”), subject to the rights of the people it is about. You give us permission to host, copy, send, display, secure, back up, export and delete Dealer Data only as needed to provide Motorvar to you, to support you and to comply with the law.

When your customers use your car pages and forms, we handle their information on your behalf and follow your instructions. The pages and texts your customers see carry your dealership's name, not ours, and emails to them go out under your dealership's name.

We do not sell personal information, share it for targeted advertising, show one dealer's data to another dealer, or use your data to train AI models.

Downloading your data

You can download your data at any time. An owner can download a complete archive from Settings, under Export everything: a ZIP file with a spreadsheet (CSV file) for each kind of record, including messages and the activity log, and the original documents, attachments and vehicle photos. Sign-in credentials, security logs and invoices are not included; your invoices are available from Stripe.

When your plan ends

Your plan ends when you cancel and the paid period runs out, when a failed payment leads to cancellation, or when this agreement ends for another reason. When it does:

• Your car pages, storefront, embed, inventory feeds and online forms go offline.
• You and your team can still sign in and see your records, but you cannot change them.
• We email the account's owners the date your data will be deleted. That date is 30 days after your plan ends, or later if our email went out late.
• Until that date, an owner can download everything from Settings. If you cannot sign in, email support@motorvar.com and we will help you get your data.
• If you restart your plan before that date, everything comes back as it was.

After that date we permanently delete your Dealer Data, along with the logins of people who belonged only to your dealership. We delete it sooner if an owner asks us to in writing. If an export you started is still being built or waiting to be downloaded on that date, we wait until it is finished. A temporary suspension under section 15 does not start this clock.

Deleted data stays in our nightly backups, which are stored privately, until they expire about 30 days later. While your plan is running, a document you delete is kept for 30 days in case you need it back and is then purged, and backup copies of deleted photos are kept for 30 days. We use backups only to recover from a failure. If we ever restore one, we delete again anything that should already be gone.

After deletion we keep a small set of records for fixed periods, as our Privacy Policy lists: billing records, security logs, text-message consent and opt-out records, and a minimal record of the account. We use them only for those purposes, and we delete them when the period ends unless the law or a legal hold requires us to keep them longer. Keep your own copy of anything your business must retain.

8. Your car pages and content

Your storefront, car pages, embed and the emails your customers receive use your dealership's name and brand. You let us use your trademarks and content only to provide those services.

You are responsible for your content: prices, availability, descriptions, customer notices, and your right to use the photos and other material you upload.

A custom domain stays yours. Keep its registration current, along with the DNS and email settings Motorvar needs. When your plan ends, remove or redirect any DNS records and embeds that point to Motorvar.

9. Following the law

You must follow the laws that apply to your dealership and to how you contact customers. These include the Telephone Consumer Protection Act and state texting laws, the CAN-SPAM Act, the FTC's rules on advertising and its Used Car Rule, fair-lending laws, and privacy and data-security laws, including the Gramm-Leach-Bliley Act where it applies. In particular:

• Texts: get, and keep a record of, the consent the law requires before you text someone, including written consent for automated marketing texts. Honor opt-outs, do-not-call rules and quiet hours. A marketplace lead, a phone number or a car-alert signup is not, on its own, permission to send marketing texts.
• Email: send truthful emails that identify your dealership and include the sender details and unsubscribe link the law requires. Do not send spam, use purchased lists or rely on consent someone gave another business.
• Prices: include every mandatory dealer charge in advertised prices, including documentation, preparation, reconditioning and add-on fees. Leave out only government charges the law lets you leave out, with the disclosures it requires. Do not present a conditional discount or a down payment as the price.
• Financing and documents: describe financing terms accurately. Prepare, display and give buyers the Used Car Buyers Guide and the other documents the law requires, and review any paperwork Motorvar prepares before you use it.
• Privacy: give your customers the privacy notices the law requires, and get any permission you need, including for document uploads and email open and click tracking. Ask customers to send sensitive documents through Motorvar's secure upload links, not by ordinary email.

Do not use Motorvar for unlawful discrimination, fraud, misleading ads, malware, unauthorized access, interfering with the service, scraping it without permission, or infringing anyone's rights. Do not get around security controls, plan limits or spending limits. We may remove unlawful content or switch off a feature that is being misused. This does not change our own legal duties.

10. Other companies' services

Some features depend on other companies, including Meta, online marketplaces, Stripe and our text-message provider, Telnyx. They have their own terms, and they can change, limit or end their services or refuse to deliver a message. We cannot guarantee that their services will be available or that messages will be delivered.

When you connect an account or ask us to bring in data from another service, you authorize us to exchange the information needed to do it, and you confirm that you have the right to use that account and that data. Our Privacy Policy lists the companies we use to run Motorvar.

11. Security, incidents and support

We protect Dealer Data with reasonable administrative, technical and physical safeguards, described in our Privacy Policy and on our Security page.

If we learn of a security incident that leads to Dealer Data being lost, changed, destroyed, or seen by someone who should not see it, we will notify the affected dealers without undue delay and no later than 72 hours after we learn of it, or sooner if the law requires.

For help, email support@motorvar.com. We answer Monday to Friday, 9 a.m. to 5 p.m. Eastern Time, except U.S. federal holidays. We work to keep Motorvar running and to tell you about planned downtime in advance when we can, but we do not guarantee uptime, response times or service credits unless a signed agreement says so.

12. Confidentiality and ownership

Each of us will protect the other's non-public business, technical and customer information with reasonable care, use it only for this agreement, and share it only with people and providers who need it and must keep it confidential. This does not cover information that is public through no fault of the party receiving it, that the receiving party already knew or developed on its own, or that it received lawfully from someone else without restriction. If the law requires a disclosure, the receiving party discloses only what is required and, where it is allowed to, tells the other party first.

Motorvar and its licensors own the software and everything else we use to provide the service. While your subscription is active, you may use Motorvar for your dealership's business. That right is not exclusive and cannot be transferred.

If you send us feedback, leave out personal and confidential information. We may use feedback freely, without paying you.

13. Disclaimers and limits of liability

Except for the promises we make in these Terms, Motorvar is provided “as is” and “as available.” As far as the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that Motorvar will be uninterrupted or error-free, that your business complies with the law, or that you will get credit approvals or sales.

These disclaimers do not cancel our promises about security, confidentiality, incident notice and deletion.

As far as the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits. Each party's total liability under this agreement, for all claims combined, is limited to the fees you paid Motorvar in the 12 months before the first event that gave rise to a claim.

These limits include defense costs, settlements and awards under section 14. They do not limit amounts you owe us, refunds these Terms promise, or liability the law does not allow us to limit. The exclusion of indirect damages applies even if a limited remedy fails of its essential purpose.

14. Defending each other against claims

You will defend Motorvar against claims brought by third parties to the extent they are caused by your unlawful content or communications, by Dealer Data infringing someone's rights, or by your breaking the laws that govern your business.

Motorvar will defend you against claims brought by third parties that your authorized use of Motorvar, as we provide it, infringes U.S. intellectual-property rights, and against claims to the extent they are caused by our breach of our confidentiality, data-use or security obligations. This does not cover claims caused by Dealer Data, or by changes or combinations that we did not make or require.

The defending party pays final judgments, reasonable defense costs and settlements it approves, subject to section 13. The protected party must tell the defending party about the claim promptly, let it control the defense, and cooperate reasonably at its expense. Late notice matters only to the extent it harms the defense. Neither party may agree to a settlement that admits the other's fault or puts duties other than payment on it without the other's consent, which it will not unreasonably withhold. Neither party has to defend the other against harm the other caused.

If someone claims that Motorvar infringes their intellectual-property rights, we may get you the right to keep using the affected part, change it without materially reducing what it does, or end it and refund the fees you prepaid for time you will not get to use.

15. Suspension and ending the agreement

This agreement continues until it ends under these Terms. You can end it at any time by canceling, as described in section 4.

Either of us may end it if the other materially breaks it and does not fix the problem within 30 days after receiving written notice that describes it.

We may suspend all or part of Motorvar immediately when it is reasonably necessary to deal with unlawful activity, a security threat or serious harm. We will tell you when we are allowed to, and we will restore access once the problem is resolved.

We may also end the service without cause by giving you at least 30 days' notice. If we end it without cause, or you end it because of a material breach of ours that we did not fix, we refund the fees you prepaid for the time after it ends.

However the agreement ends, section 7 applies. Ending it does not cancel amounts already owed. The parts of these Terms that by their nature should continue, including those on Dealer Data after the plan ends, confidentiality, ownership, liability, defending against claims and disputes, continue after it ends.

16. Changes to these terms

We will email account owners at least 30 days before a material change to these Terms takes effect, with instructions for canceling if you do not agree. A change applies only from the date it takes effect, and never to a dispute that has already started. A change needed to comply with the law or to fix an urgent security problem may take effect sooner, and we will tell you about it as soon as we can. If the law requires your agreement to a change, we will ask for it.

17. Disputes and general terms

Virginia law governs these Terms, without regard to its conflict-of-law rules. Disputes about this agreement may be brought only in the state courts for the City of Richmond, Virginia, or the federal courts located in Richmond, Virginia, unless a law that cannot be waived says otherwise, and each of us agrees to those courts' jurisdiction. These Terms do not require arbitration.

Send legal notices to support@motorvar.com or by mail to Motorvar LLC, 8401 Mayland Dr Ste S, Richmond, VA 23294-4648, USA. Send privacy notices to privacy@motorvar.com. We send notices to the account, billing or security contacts on your account, so keep them current. A notice takes effect when it is delivered.

Neither of us may assign this agreement without the other's consent, which will not be unreasonably withheld, except to a successor in a merger, reorganization or sale of substantially all of the relevant business that takes on all of this agreement's obligations. An assignment does not permit any new use of personal information.

Neither of us is responsible for a delay caused by events beyond reasonable control, as long as it takes reasonable steps to limit the effect. This does not excuse payments already owed, or our duties on security, confidentiality and notices the law requires.

These Terms and any order form we both sign are the entire agreement on this subject. A signed order form overrides these Terms only where it says so expressly, and the terms of a purchase order never change them. If a court finds part of these Terms unenforceable, that part is limited as little as necessary and the rest still applies. Not enforcing a term is not a waiver of it.