Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and [COMPANY LEGAL NAME, LLC], an Illinois limited liability company ("CarTour", "we", "us"). They govern your use of the CarTour mobile app, the [DOMAIN] website, the dealership dashboard, and everything we offer through them (together, the "Service").

By creating an account, publishing a listing, contacting a dealership, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a dealership or other organisation, you agree to these Terms on its behalf and you confirm you are authorised to do so. In that case "you" means both you and that organisation.

Section 18 contains an arbitration agreement and a class-action waiver that affect how disputes between us are resolved. It includes a 30-day right to opt out. Please read it.

1. What CarTour is, and what it is not

CarTour is a marketplace. Licensed dealerships publish vehicle listings — built around video rather than photo galleries — and shoppers browse those listings and contact the dealership directly.

We are not a party to any vehicle transaction. We do not own the inventory, we do not set prices, and we do not sell, broker, appraise, finance, warrant, inspect or deliver any vehicle. Every purchase, lease, trade-in and deposit is a transaction between you and the dealership, governed by the dealership's own paperwork and by the law of the state where it takes place.

We are not your agent, your broker, or your advisor, and we are not the dealership's. A listing appearing on CarTour is not an endorsement, a recommendation, or a warranty of the vehicle, the dealership, or anything either of them tells you.

What a listing's numbers mean, and what they exclude, is set out in our Listing Disclosures, which is part of these Terms.

2. The app and the website do different jobs

Vehicle shopping happens in the CarTour app. The [DOMAIN] website does not host a browsable catalogue of vehicles. On the website you can create a shopper profile, open your session in the app, learn about the product, and — if you are a dealership — publish and manage inventory, media, leads, team members and billing through the dashboard.

Both are the Service, and these Terms apply to both.

3. Eligibility

• You must be at least 18 years old to create an account.
• The Service is offered in the United States. We make no claim that it is appropriate or available elsewhere.
• To hold a dealership account you must be a motor vehicle dealer licensed in the state where you do business, or an authorised employee of one, and you must keep that licence current.
• You may not use the Service if we have previously terminated your account.

4. Accounts and security

• Give accurate information when you register, and keep it current.
• You are responsible for everything that happens under your account. Keep your password to yourself and tell us promptly at [SUPPORT EMAIL] if you believe it has been compromised.
• One person, one account. Do not share credentials. Dealerships add staff through the dashboard's team invitations, so that each person has their own login and their own permissions.
• Dealership team accounts. A dealership owner controls who has access to its rooftop, what role each person holds, and can remove anyone at any time. If you join a dealership's team, that dealership can see your activity within its account and can revoke your access.
• You can delete your account at any time — in the app under Profile → Delete account, or by writing to [SUPPORT EMAIL]. Deletion is permanent. What survives it, and why, is described in the Privacy Policy.

5. App handoff codes

When you finish creating a profile on the website, we can hand your session to the app so you arrive already signed in. That works through a single-use code that is valid for about two minutes, is tied to your account, and is destroyed the moment it is redeemed.

Treat a handoff code like a password: it is displayed on your screen and encoded in a QR code, and anyone who obtains it within its lifetime can sign in as you. Do not photograph, forward or publish one.

6. Listings and other content you provide

Listings are created by dealerships, not by CarTour. That includes video, photographs, descriptions, prices, mileage, VINs, condition and warranty disclosures. A dealership is solely responsible for its own listings and represents, for each one, that:

• it has the legal right to sell the vehicle, and the vehicle exists and is in its inventory or under a firm agreement to acquire it;
• it owns or has licensed every photograph, video, soundtrack, logo and other asset it uploads, including any rights of people who appear in them;
• the listing is accurate and not misleading as to price, mileage, condition, VIN, title status, history, warranty and fees;
• its advertising complies with applicable law, including the FTC Act, the FTC Used Car Rule (16 CFR Part 455), the Truth in Lending and Consumer Leasing Acts where credit or lease terms are shown, and the advertising rules of every state it advertises into;
• listings for sold, withdrawn or unavailable vehicles are updated or removed promptly.

Shoppers also submit content — inquiry messages, inspection checklists and the notes on them, saved-vehicle lists and feed preferences.

You keep ownership of what you submit. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for format and resolution, transmit and display your content, solely to operate, secure and improve the Service and — for dealership listings — to display and promote those listings within the Service. The licence lasts as long as the content is on the Service, and ends when you remove it, except for copies retained in backups or where we must keep a record under section 4.

We do not sell your content, licence it to third parties for their own use, or use it to train models for anyone else.

7. Acceptable use

Our Acceptable Use Policy is part of these Terms and lists what is not allowed. In short: no fraudulent, deceptive or bait-and-switch listings; no scraping, bulk harvesting or automated collection of listings or contact details; no reverse engineering; no interfering with our security, rate limits or infrastructure; no false inquiries; no harassment; and nothing unlawful.

8. Objectionable content and abuse: zero tolerance

We have no tolerance for objectionable content or abusive behaviour on CarTour. That includes fraudulent or deceptive listings, harassment or threats, hate speech, obscene or sexually explicit material, spam, and content that infringes anyone's rights.

Every listing has an in-app Report action. Reports are reviewed promptly — typically within 24 hours — and content found to violate these Terms is removed and the responsible account actioned. You can also reach us at any time at [SUPPORT EMAIL].

We may remove any content and suspend or terminate any account, with or without notice, at our discretion. We are not obliged to monitor content, and the fact that content is on the Service does not mean we have reviewed it.

9. Copyright

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act and terminate repeat infringers. The procedure, and our designated agent, are in the Copyright and DMCA Policy.

10. Dealership subscriptions and fees

Dealership plans are billed to the dealership. Plans, seats, billing cycles, renewal, cancellation and refunds are governed by the Dealer Subscription Agreement, which applies in addition to these Terms. Where the two conflict on a subject the Dealer Subscription Agreement covers, that agreement controls.

Payments are processed by Stripe. We do not receive or store full card numbers. Fees are non-refundable except where the Dealer Subscription Agreement or applicable law says otherwise.

11. Estimates, vehicle data and third-party information

Payment, affordability and lease calculators; trade-in value estimates; price-versus-market comparisons; fuel economy figures; VIN decoding; and safety-recall lookups are estimates and informational tools — not offers, quotes, appraisals, credit decisions, inspections or mechanical advice.

Recall and specification data come from the U.S. National Highway Traffic Safety Administration's public databases and reflect campaigns for a vehicle's year, make and model rather than the repair status of an individual car. Always confirm a specific vehicle's recall status by VIN, and any financing terms with the lender or dealership. Verify anything that matters before you buy. See the Listing Disclosures for detail.

12. Third-party services

The Service relies on and links to services we do not control — Stripe for payments, mapping and directions apps on your device, NHTSA's public APIs, app stores, and dealership websites. Their terms and privacy practices are their own, and we are not responsible for them.

13. Our intellectual property

The Service — its software, design, interface, and the CarTour name and marks — belongs to [COMPANY LEGAL NAME, LLC] and its licensors. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service as it is intended to be used. Nothing else is granted. Do not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from any part of the Service, or remove any proprietary notice, except where that restriction is unenforceable by law.

Feedback you send us is welcome and unrestricted: we may use it without obligation or compensation.

14. Communications and consent to contact

When you send an inquiry, check availability, or request a test drive, you are asking a dealership to contact you. Your name, email address, phone number, preferred contact method, message and any requested date or time are delivered to that dealership, and you consent to that dealership contacting you about that vehicle — by phone call, text message and email — at the details you provided, including by automated means.

This consent is not a condition of any purchase. You can withdraw it at any time by telling the dealership to stop, by replying STOP to a text message, or by using the unsubscribe link in an email. Standard message and data rates may apply. Once your inquiry reaches a dealership, that dealership's own privacy practices govern how it handles your details — we cannot withdraw a message on your behalf.

Separately, we send you service messages about your own account — confirmations, security notices, team invitations, billing notices. These are part of the Service and you cannot opt out of them while you hold an account. Marketing messages from us are optional, are asked for separately from your agreement to these Terms, and can be turned off at any time.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure or error-free, or that any listing, price, specification, estimate, recall record or other information on it is accurate, complete or current. We do not warrant or endorse any dealership, any vehicle, or the conduct of any user, and we do not screen dealerships beyond confirming the account information they give us.

You are responsible for your own decisions about a vehicle. Inspect it, obtain an independent history report and a mechanic's inspection, read the Buyers Guide and the sales contract, and confirm every figure before you sign anything.

Some states do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER [COMPANY LEGAL NAME, LLC] NOR ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

THIS INCLUDES, WITHOUT LIMITATION, ANY LIABILITY ARISING FROM THE ACCURACY OF A LISTING, THE CONDUCT OF A DEALERSHIP OR A SHOPPER, OR THE OUTCOME, FINANCING OR CONSEQUENCES OF ANY VEHICLE TRANSACTION.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some states do not allow these limitations, so parts of this section may not apply to you. Nothing here limits liability that cannot be limited by law.

17. Indemnification

You will indemnify and hold harmless [COMPANY LEGAL NAME, LLC] and its members, officers, employees and agents from any claim, demand, loss, liability and expense (including reasonable legal fees) arising out of your content, your use of the Service, your violation of these Terms or of any law, or — if you are a dealership — any vehicle transaction, advertising claim or consumer complaint relating to your listings. We may assume the defence of any matter subject to this section at your expense, and you will cooperate with it.

18. Dispute resolution, arbitration and class-action waiver

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court and to participate in a class action.

18.1 Talk to us first

Most disputes can be resolved without formal proceedings. Before starting arbitration, send a written notice describing the dispute and the relief you want to [LEGAL EMAIL] or to [STREET ADDRESS], [CITY], Illinois [ZIP]. We will do the same for any dispute we have with you. If it is not resolved within 60 days, either of us may begin arbitration.

18.2 Agreement to arbitrate

Except as stated below, you and CarTour agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, and not in court. This includes disputes about the interpretation, enforceability or formation of this arbitration agreement, and it survives the end of your relationship with us.

Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Rules where the claim is brought by a dealership), by a single arbitrator, in the county where you live or another mutually agreed location, or by telephone or video where the rules allow. The Federal Arbitration Act governs this section. The arbitrator's award may be entered as a judgment in any court with jurisdiction.

18.3 Class-action waiver

YOU AND CARTOUR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding, and may award relief only in favour of the individual party seeking it and only to the extent necessary to provide that party relief.

If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest of this section still applies to everything else.

18.4 What is not arbitrated

• Either of us may bring an individual claim in small-claims court if it qualifies.
• Either of us may seek injunctive or other equitable relief in court to stop infringement or misuse of intellectual property.
• Any claim that cannot be arbitrated as a matter of law.

18.5 Your right to opt out — 30 days

You can opt out of this arbitration agreement and the class-action waiver. To do so, send us written notice within 30 days of the date you first accept these Terms. Include your full name, the email address on your account, and a clear statement that you are opting out of the arbitration agreement in the CarTour Terms of Service.

Send it to [LEGAL EMAIL] with the subject line "Arbitration Opt-Out", or by post to [COMPANY LEGAL NAME, LLC], [STREET ADDRESS], [CITY], Illinois [ZIP].

Opting out affects nothing else. It does not change any other part of these Terms, and it will not affect your account, your pricing, or how we treat you. If you opt out, disputes go to the courts identified in section 19.

18.6 Changes to this section

If we materially change this section 18 after you accept it, you may reject the change by writing to [LEGAL EMAIL] within 30 days of the change, in which case the version you accepted continues to govern disputes between us.

19. Governing law and venue

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, and waive any objection to venue there.

Nothing in this section deprives a consumer of the protection of mandatory consumer-protection law in the state where they live.

20. Termination

You may stop using the Service or delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if your dealership licence lapses, if we are required to by law, or if continuing to provide the Service to you would create risk for other users.

Dealership subscription termination, including what happens to listings, media and lead records, is governed by the Dealer Subscription Agreement.

Sections 1, 6, 11, 13, 15, 16, 17, 18, 19 and 21 survive termination.

21. General

• Changes. We may update these Terms. Material changes will be posted on this page with a new "last updated" date and, where the change is significant, notified in the app or by email. Continuing to use the Service after a change means you accept it.
• Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Listing Disclosures, Copyright Policy, Cookie Policy and — for dealerships — the Dealer Subscription Agreement, are the entire agreement between us about the Service.
• Severability. If a provision is unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in effect.
• No waiver. Not enforcing a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.
• Notices. We may give you notice by email to the address on your account or by a message in the Service. Notices to us go to [LEGAL EMAIL] or [STREET ADDRESS], [CITY], Illinois [ZIP].
• Apple and Google. Where you obtain the app through an app store, that store is not a party to these Terms, has no obligation to provide support, and — to the extent your store's rules require it — is a third-party beneficiary entitled to enforce these Terms against you.

Contact

[COMPANY LEGAL NAME, LLC]
[STREET ADDRESS], [CITY], Illinois [ZIP]
General: [SUPPORT EMAIL]
Legal: [LEGAL EMAIL]