Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") form a binding agreement between you, the dealership or business entity ("Customer", "you"), and DealerHive, Inc. ("DealerHive", "we"). By creating an account, accessing the dashboard, or allowing the AI to answer your phone lines, you agree to these Terms.

If you are accepting on behalf of a dealership, you represent that you have authority to bind that entity. Where you have a separately signed Master Services Agreement with DealerHive, that agreement controls if it conflicts with these Terms.

2. The service

DealerHive provides AI-powered voice agents (Sales, Service, Receptionist) that answer inbound calls, place outbound follow-ups, qualify leads, book appointments, and route calls to dealership staff. The service includes a dashboard for configuration, analytics, and transcript review, and integrations with select dealer CRMs and DMS providers.

DealerHive delivers a software platform. We are not a brokerage, finance company, or dealer. We do not sell vehicles, originate loans, or issue F&I products.

3. Accounts & eligibility

You must be at least 18 and authorized to do business in the United States or Canada. You are responsible for keeping login credentials secure, for all activity that occurs under your account, and for notifying us promptly of any unauthorized access at infosec@dealerhive.ai.

Each named user must use their own login. Sharing logins among rooftop personnel is not permitted.

4. Billing & subscription

• Fees are billed monthly or annually in advance, in U.S. dollars, based on the plan and rooftop count specified in your order.
• Usage-based components (e.g., call minutes, integration calls) are billed in arrears.
• All fees are non-refundable except as required by law or expressly stated in a signed order.
• Late payments accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower.
• We may suspend service for accounts more than 30 days past due, with at least 10 days' notice.
• You may cancel renewal at least 30 days before the end of your current term; cancellation takes effect at term end.

5. Acceptable use

You may not, and may not allow anyone else to:

• Use the service for any unlawful purpose, including spam, robocalling, or harassment.
• Place calls to phone numbers on a National or State Do-Not-Call list without an established business relationship or other lawful basis.
• Misrepresent the AI as a human ("AI agent must always acknowledge it is an AI when asked").
• Use the service to impersonate a person without their written consent.
• Bypass call-recording disclosure requirements in any jurisdiction.
• Reverse-engineer, decompile, or extract source code from the service.
• Scrape, copy, or resell call transcripts in bulk for commercial use unrelated to your dealership operations.
• Attempt to interfere with the service, including unauthorized load testing, fuzzing, or denial-of-service attempts.

6. Dealer responsibilities

As the entity placing or receiving calls, you are the responsible party under U.S. telephony and consumer-protection law. You agree to:

• TCPA compliance: obtain prior express consent before placing automated outbound calls or SMS to consumers; maintain records of consent.
• Do-Not-Call: scrub outbound campaigns against the National DNC registry and your internal DNC list; suppress numbers from any callers who request "do not call" during a conversation.
• Recording disclosure: obey state law on two-party consent. DealerHive's announcement is provided as a tool but does not transfer your underlying legal obligation.
• Truthful inventory and pricing: only configure the AI with vehicle, pricing, and offer information you can honor.
• Customer data accuracy: ensure you have lawful rights to load any customer or lead data into DealerHive.
• Vehicle delivery, F&I, and legal disclosures remain your responsibility. The AI may set appointments; closing a deal is on you.

7. AI agent disclosures

Our AI agents will identify themselves as AI to any caller who explicitly asks, and at the start of any call where required by applicable law. You may not configure scripts or routing rules that prevent these disclosures.

The AI is designed to be helpful but is not infallible. It may misunderstand intent, mis-hear a phone number, or schedule an appointment to a slot that becomes invalid due to a calendar race condition. We don't warrant that every booking will be confirmable, every transcript verbatim, or every outcome correct.

8. Customer data & privacy

"Customer Data" means data and content you submit, upload, or generate via the service, including call recordings, transcripts, lead records, and configuration.

• You retain all rights to Customer Data.
• You grant DealerHive a worldwide, non-exclusive license to process Customer Data solely to provide and improve the service as described in our Privacy & Security notice.
• We use de-identified, aggregated data to improve AI quality. We do not train shared models on dealer-specific scripts or named customer identifiers.
• End callers may submit privacy-rights requests directly to us; we will work with you to fulfill them.

Our Privacy & Security notice is incorporated by reference.

9. Third-party integrations

The service may integrate with third-party platforms (e.g., VinSolutions, Xtime, Tekion, Twilio). Your use of those platforms is governed by the third party's own terms and privacy policies. We are not responsible for third-party outages, changes to their APIs, or actions they take with data you share with them.

10. Intellectual property

DealerHive retains all right, title, and interest in the service, the platform, our AI models, dashboards, and all software, documentation, and trademarks ("DealerHive IP"). Nothing in these Terms transfers ownership of DealerHive IP to you.

We may use aggregated, de-identified data to operate and improve the service, including publishing aggregate metrics (e.g., "average appointment-set rate across our customers"). Such use never identifies a specific dealership or end caller.

Feedback you provide is non-confidential, and you grant DealerHive a perpetual, royalty-free license to use it without obligation.

11. Confidentiality

Each party will protect the other's Confidential Information with at least the same care it uses for its own. Confidential Information does not include information that is (a) publicly known through no fault of the receiving party, (b) known prior to disclosure, (c) independently developed, or (d) rightfully received from a third party without confidentiality obligation.

12. Beta & preview features

We may make beta or preview features available. These are provided "as is", may change or be discontinued, and may be subject to additional terms. Don't rely on them for critical workflows.

13. Warranties & disclaimers

DealerHive warrants that the service will perform materially in accordance with our published documentation. Your exclusive remedy for breach of this warranty is correction of the issue or, at our option, termination and a pro-rata refund of unused prepaid fees.

Except as expressly stated, the service is provided "as is" and "as available." DealerHive disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or meet every dealer's specific business outcome.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost opportunity, even if advised of the possibility.

Each party's aggregate liability arising out of or related to these Terms is limited to the fees paid by Customer to DealerHive in the 12 months preceding the event giving rise to the claim.

These limitations do not apply to (a) your payment obligations, (b) breach of acceptable use, (c) infringement of the other party's intellectual property, (d) breach of confidentiality, or (e) gross negligence or willful misconduct.

15. Indemnification

By Customer. You will defend and indemnify DealerHive against claims arising from (a) Customer Data, (b) your use of the service in violation of these Terms or applicable law (including TCPA, DNC rules, and state telephony law), and (c) inaccurate inventory, pricing, or offers presented by the AI as configured by you.

By DealerHive. We will defend and indemnify you against third-party claims that the service, as provided, infringes a U.S. patent, copyright, or trade secret. Our obligation excludes claims arising from Customer Data, modifications you make, or use of the service combined with third-party products not provided by us.

16. Term & termination

Either party may terminate for material breach not cured within 30 days of written notice. We may suspend the service for non-payment, security risk, or violation of acceptable use, with notice where practicable.

Upon termination: (a) your access ends; (b) you remain liable for any fees through the effective date; (c) we delete or return Customer Data per our retention policy; (d) sections that should survive — IP, confidentiality, limitation of liability, indemnity, governing law — survive.

17. Governing law & disputes

These Terms are governed by the laws of the State of California, excluding its conflict-of-law principles. The exclusive jurisdiction and venue for any dispute will be the state and federal courts located in San Francisco County, California, and each party consents to personal jurisdiction in such courts.

Each party waives any right to a jury trial. Each party may seek injunctive relief in any court of competent jurisdiction without waiving these provisions.

18. Changes to these terms

We may update these Terms from time to time. Material changes will be communicated to dealership account holders via email and an in-app notice at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.

19. Contact

• Support: infosec@dealerhive.ai

This document is provided for informational purposes. It is not legal advice. Consult counsel for advice specific to your dealership operations.