Terms of service

1. Business use and authority

DealerSense is intended for businesses and their authorized personnel. You must be at least 18 years old. If you use DealerSense for a dealership or another organization, you represent that you have authority to bind that organization and that "you" includes it.

2. Your agreement with us

These Terms, together with the plan, pricing, and features presented to you when you subscribe and the Data Processing Addendum, are the entire agreement between you and DealerSense for the service. You accept them when you create an account, start a subscription, or use the service—no separate signature is required.

For larger or custom deployments we may offer a separate written order form or master agreement. Where one is signed, it controls over these Terms if there is a conflict. Otherwise, these Terms govern.

3. Subscriptions, billing, and cancellation

3.1 Subscription term. DealerSense subscriptions are offered on a month-to-month basis. Your subscription begins on the date your account is activated and automatically renews for successive one-month billing periods until cancelled in accordance with Section 3.4.

3.2 Fees. Fees are charged per rooftop according to the plan you select at signup and are billed in advance at the start of each billing period. The plan, pricing, and included features presented to you at signup form part of these Terms.

3.3 Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes arising from your subscription, other than taxes based on DealerSense's net income.

3.4 Cancellation. You may cancel at any time through your account settings or by emailing [email protected]. Cancellation takes effect at the end of the billing period in which you cancel. You will not be charged for any billing period beginning after that date. Your access continues through the end of the billing period you have already paid for. Fees already paid are not refunded except where required by law.

3.5 Changes to pricing. We may change pricing on at least thirty (30) days’ written notice to the email address on your account. Price changes take effect at the start of your next billing period following the notice period. If you do not wish to accept a price change, you may cancel under Section 3.4 before it takes effect, and the new pricing will not be charged to you.

3.6 Nonpayment. If a payment fails, we will notify you and you will have ten (10) days to cure. If the amount remains unpaid after that period, we may suspend your access until payment is received. Suspension does not relieve you of the obligation to pay accrued fees.

3.7 Data on cancellation. Section 11 (Suspension and termination) governs data export and deletion following cancellation.

4. Accounts and access

You must provide accurate account information, protect your sign-in credentials, and use only accounts and dealership companies you are authorized to access. You are responsible for activity performed through your account unless you promptly report unauthorized use. Contact us at [email protected] if you believe an account or credential has been compromised.

5. Acceptable use

You may not:

• Access another dealership's, employee's, vendor's, or customer's information without authorization.
• Use the service for unlawful, fraudulent, deceptive, or harmful activity.
• Probe, bypass, disable, or interfere with authentication, authorization, rate limits, or security controls.
• Upload malicious code or content that infringes another person's rights.
• Reverse engineer or copy the service except where applicable law prohibits that restriction.
• Use automated means to scrape, overload, or disrupt the website or service.
• Resell or provide access to DealerSense unless a customer agreement allows it.

6. Customer data and permissions

You retain the rights you have in data submitted to or synchronized with DealerSense. You grant DealerSense permission to host, copy, transmit, transform, and otherwise process that data as needed to provide, secure, support, and improve the contracted service. You represent that you have the rights and permissions needed for DealerSense to process the data.

The dealership controls user access and is responsible for its instructions, retention obligations, notices to employees and customers, and lawful use of DMS and personal data.

7. Financial information and compliance responsibilities

A dealership that arranges or facilitates consumer financing is a financial institution under the Gramm-Leach-Bliley Act ("GLBA"). Where you submit or synchronize nonpublic personal information as defined by GLBA, DealerSense acts as your service provider. DealerSense will use that information only to provide the contracted service and as permitted by law, will not disclose or reuse it for its own purposes, and will maintain administrative, technical, and physical safeguards designed to protect it. The specific safeguards, sub-processor list, breach-notification, and audit commitments that apply to your account are described in our Data Processing Addendum, which is incorporated into these Terms. A countersigned copy is available on request at [email protected].

You remain responsible for your own compliance obligations. These include your GLBA privacy notices and opt-out mechanisms, your written information security program and oversight of your service providers, your identity theft prevention program, your records retention requirements, and any notices or consents your customers and employees are owed. DealerSense does not provide those notices on your behalf and does not act as your compliance program.

You will submit information to DealerSense only through the modules and interfaces enabled for your account, and you are responsible for configuring user roles and access so that personnel see only the records they are authorized to see.

8. DMS synchronization, reporting, and AI-assisted features

8.1 DMS synchronization. The Services synchronize data from your dealer management system and other source systems you authorize. You represent that you have the right to authorize that access. Synchronization results depend on the availability, accuracy, and structure of the source data. Sync delays, source-data errors, closed accounting periods, mapping choices, provider outages, and changes made by your DMS provider may affect results. DealerSense is not responsible for the accuracy of data as it exists in your source systems.

8.2 Reports are tools, not advice. Reports, dashboards, and analyses generated by the Services are tools for authorized professionals. They are not legal, tax, audit, or accounting advice, and they are not a substitute for your own review. You must review results and reconcile them against your source systems before relying on them, including before filing, reporting, or making financial decisions.

8.3 AI-assisted features. DealerSense uses artificial intelligence tools internally to support software development, troubleshooting, and its own business operations. Customer Data is not transmitted to any third-party artificial intelligence or model provider. Where the Services present output that was generated or assisted by artificial intelligence, that output is subject to Section 8.2 and must be reviewed before you rely on it.

Product screenshots and figures shown on the public website are demonstrations and may use fictional data. They are not promises that every feature or configuration is available to every customer.

9. Our technology and intellectual property

DealerSense and its software, designs, documentation, trademarks, and related technology belong to Omnify93, LLC and its licensors. Subject to these Terms, we grant you a limited, nonexclusive, nontransferable, revocable right to use the service for your organization's internal business purposes.

If you provide feedback, you allow us to use it without restriction or compensation, but we will not identify you publicly as the source without permission.

10. Third-party services and subprocessors

10.1 Subprocessors. DealerSense engages third parties to help deliver the Services, including infrastructure hosting, authentication, and messaging providers. These subprocessors are identified in the Data Processing Addendum and listed at dlrsense.com/subprocessors. DealerSense remains responsible for its subprocessors’ performance of the obligations DealerSense owes you, and requires each subprocessor by contract to maintain protections at least as protective as those DealerSense owes you.

10.2 Customer integrations. You may connect the Services to third-party systems you control or subscribe to, including your dealer management system and identity provider. Those systems are governed by your agreements with their providers. You are responsible for maintaining the rights and authorizations necessary for those connections. DealerSense is not responsible for the availability, accuracy, security, or acts of systems you connect, or for changes those providers make.

10.3 Changes to subprocessors. DealerSense will provide notice of new subprocessors and your right to object in accordance with the Data Processing Addendum.

11. Suspension and termination

We may restrict or suspend access when reasonably necessary to protect the service or data, investigate misuse, comply with law, address nonpayment, or prevent harm. You may end your subscription as described in Section 3. On termination, your right to use the service stops, and you may request an export of your data within 30 days, after which we may delete it in accordance with Section 10 (Return and deletion) of the Data Processing Addendum. The sections listed in Section 18.5, and any other section that by its nature should survive termination, will continue to apply.

12. Warranties and disclaimers

12.1 Limited warranty. DealerSense warrants that the Services will perform materially in accordance with their then-current documentation. If the Services fail to meet this warranty, your exclusive remedy and DealerSense's entire liability is for DealerSense to use commercially reasonable efforts to correct the non-conformity, or, if it cannot do so within a reasonable period, to refund the fees you paid for the affected portion of the current billing period.

12.2 Security commitment. Notwithstanding Section 12.3, DealerSense implements and maintains administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of Customer Data, as described in the Data Processing Addendum. This commitment survives the disclaimers below.

12.3 DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED IN SECTIONS 12.1 AND 12.2, THE SERVICE, THE WEBSITE, AND ANY DEMO, BETA, OR FREE ACCESS ARE PROVIDED "AS IS" AND "AS AVAILABLE." DEALERSENSE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DEALERSENSE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DATA SYNCHRONIZED FROM YOUR SOURCE SYSTEMS WILL BE COMPLETE OR ACCURATE.

12.4 Beta and free access. Features identified as beta, pilot, preview, or early access are provided without warranty of any kind, may be modified or discontinued at any time, and are excluded from Section 12.1.

13. Limitation of liability

13.1 EXCLUSION OF INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.

13.2 GENERAL CAP. EXCEPT AS PROVIDED IN SECTIONS 13.3 AND 13.4, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE AND THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO DEALERSENSE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 ENHANCED CAP FOR SECURITY AND CONFIDENTIALITY. DEALERSENSE'S TOTAL AGGREGATE LIABILITY FOR (A) A BREACH OF ITS SECURITY OBLIGATIONS UNDER SECTION 12.2 OR THE DATA PROCESSING ADDENDUM, (B) A SECURITY INCIDENT AFFECTING CUSTOMER DATA, OR (C) BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3.1 Small claims. Notwithstanding Section 15 (Dispute resolution and arbitration), either party may bring an individual claim in small claims court in a jurisdiction where venue is proper, and such a claim is not subject to arbitration.

13.4 Exclusions from the caps. The limitations in Sections 13.1 through 13.3 do not apply to: (a) your obligation to pay fees; (b) either party's gross negligence, willful misconduct, or fraud; or (c) either party's indemnification obligations under Section 14.

13.5 Breach response costs. For the avoidance of doubt, reasonable costs of forensic investigation, regulatory notification, notification to affected individuals, and credit monitoring incurred as a result of a Security Incident caused by DealerSense are direct damages, recoverable subject to the cap in Section 13.3.

13.6 Allocation of risk. The limitations in this Section reflect an agreed allocation of risk between the parties, are an essential element of the bargain, and apply notwithstanding the failure of any limited remedy of its essential purpose.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Indemnification

To the extent permitted by law, you will defend and indemnify DealerSense and Omnify93, LLC from third-party claims arising from your unlawful use of the website or service, your violation of these Terms, or data you provide without the required rights or permissions.

15. Dispute resolution and arbitration

Colorado law governs these Terms and any dispute between you and DealerSense, without regard to conflict-of-law rules.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

You and DealerSense agree to first try to resolve any dispute informally by contacting [email protected]. If we cannot resolve it within 30 days, the dispute will be settled by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be seated in Adams County, Colorado, and governed by the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.

Disputes will be resolved only on an individual basis. You and DealerSense each waive any right to bring or participate in a class, collective, or representative action. Either party may still seek injunctive or equitable relief for intellectual-property or unauthorized-access matters in the state courts located in Adams County, Colorado, or the federal court for the District of Colorado, and each party consents to those courts for that purpose.

16. General terms

These Terms are the complete agreement about their subject matter. If one provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them as part of a merger, financing, reorganization, or sale of the business.

17. Changes and contact

We may update these Terms by posting a revised version and effective date. Continued use after revised Terms take effect means you accept them.

Questions about these Terms may be sent to [email protected].

DealerSense
a dba of Omnify93, LLC
Colorado, United States

18. General provisions

18.1 Confidentiality. Each party may receive non-public information of the other. Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisors with a need to know who are bound by confidentiality obligations. This section does not apply to information that is public through no fault of the recipient, independently developed, or rightfully received from a third party. A party may disclose confidential information where required by law, on reasonable advance notice to the other party where legally permitted.

18.2 Order of precedence. In the event of a conflict, the following order controls: (a) the Data Processing Addendum, as to its subject matter; (b) any executed order form or custom written agreement; and (c) these Terms.

18.3 Force majeure. Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, or third-party provider outages. This section does not excuse payment obligations.

18.4 Notices. Notices to you will be sent to the email address on your account. Notices to DealerSense must be sent to [email protected]. Notices are effective on delivery.

18.5 Survival. Sections 3.6, 6, 9, 12, 13, 14, 15, 18.1, and 18.5 survive termination.

18.6 Feedback. If you provide suggestions or feedback about the Services, DealerSense may use it without restriction or obligation to you.