Terms of service

These terms of service (the "terms") form a binding agreement between FlashFender, Inc. ("we", "us", "our") and the customer (the "customer", "you") that signs an order form for the FlashFender dealer management system (the "service"). By signing an order form or using the service, you agree to these terms.

We try to write these terms in plain English. If something is unclear, email legal@flashfender.com before you sign.

FlashFender is a cloud-based dealer management system. The service includes lead management, inventory, deal & finance tooling, document generation and e-signature, an AI voice bot, OCR for driver's licenses, and reporting.

We may add, change, or remove features over the term of the agreement. We'll give you at least 30 days' notice for any change that materially reduces functionality. We'll give you at least 90 days' notice for any deprecation of a feature documented in the customer-facing changelog.

You own your data. We process it on your behalf to provide the service. Our privacy policy explains what we collect, why, and how to ask us to delete it.

On termination, we'll return your data in a portable format (CSV / JSON) within 30 days, and delete it from our systems within 90 days (180 days from backups). See the security page for the technical details.

You agree not to:

• Use the service to violate any law or regulation
• Upload content you don't have the right to upload (e.g. someone else's copyrighted material)
• Attempt to access another tenant's data or disrupt the service for other customers
• Reverse engineer, decompile, or attempt to extract the source code of the service
• Resell the service to a third party without our written permission

We may suspend the service if we reasonably believe you are violating this section. We'll notify you before suspension when we can.

Fees are specified in your order form. We bill annually in advance. Fees are non-refundable except where required by law.

We may revise fees at renewal with at least 60 days' notice. If you don't agree to a fee change, you can cancel before the renewal date.

The term begins on the start date in your order form and continues for the period specified (typically 12 months). It renews automatically for additional 12-month terms unless either party gives at least 60 days' notice of non-renewal.

Either party may terminate for material breach on 30 days' written notice if the breach is not cured. We may also terminate immediately for non-payment after a 15-day grace period.

We warrant that we'll provide the service with reasonable care and skill and in accordance with applicable law. Except as expressly stated, the service is provided "as is" and we disclaim all other warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the service will be uninterrupted or error-free. We aim for 99.9% uptime, measured monthly and excluding scheduled maintenance.

To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, consequential, or punitive damages, or for lost profits or lost data. Each party's aggregate liability under the agreement is capped at the fees paid by the customer in the 12 months before the event giving rise to the claim.

We'll defend the customer against any third-party claim that the service infringes a US patent, copyright, or trademark, and pay damages awarded. The customer will defend us against any third-party claim arising from customer data uploaded to the service.

The agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. Any dispute will be resolved in the state or federal courts located in Delaware, except that either party may seek injunctive relief in any court of competent jurisdiction.

The agreement (including the order form, the privacy policy, and these terms) is the entire agreement between the parties. If any provision is held unenforceable, the remaining provisions remain in effect. Neither party may assign the agreement without the other's consent, except to a successor in a merger or sale of substantially all assets.

Email legal@flashfender.com. Or write to us at: