Terms of Service

1. Business use, eligibility, and authority

The Services are intended for U.S. businesses and users age 18 or older. You represent that you have legal capacity to agree to these Terms and, if acting for a business, authority to bind that business. The Services are not offered for personal, family, or household use.

2. Accounts and authorized users

Customer is responsible for its accounts, authorized users, permissions, and all activity conducted through its accounts. Account information must be accurate and kept current. Login credentials may not be shared outside the authorized user to whom they are assigned. Customer must promptly notify us at support@cartquoter.com of suspected unauthorized access or credential compromise.

3. Services and changes

Cart Quoter provides software for dealership quoting, catalog, inventory, pricing, communications, reporting, and related workflows. We may improve, update, add, or remove features from time to time. We will not materially reduce purchased core functionality during a current paid term without reasonable notice, except where a change is needed for security, legal compliance, third-party dependencies, or prevention of harm.

4. Customer data and dealership responsibilities

Customer retains ownership of information, records, content, and instructions it or its users submit to the Services (“Customer Data”). Customer grants Cart Quoter a nonexclusive, worldwide right to host, copy, process, transmit, display, and otherwise use Customer Data only as reasonably necessary to provide, secure, support, and improve the Services and as described in our Privacy Policy.

Customer is responsible for having all rights, notices, and permissions needed for Customer Data and for its collection and use of customer information. Customer—not Cart Quoter—is the seller and remains responsible for reviewing quote accuracy, pricing, costs, margins, taxes, product fit, inventory, availability, delivery terms, customer communications, regulatory obligations, and the fulfillment of each transaction.

We may create and use information that has been aggregated and deidentified so that it does not reasonably identify Customer, an authorized user, or an individual. We may use that information for analytics, benchmarking, security, and product improvement.

5. Acceptable use

Customer and its users may not:

• use the Services unlawfully, fraudulently, deceptively, or to violate another person’s rights;
• submit malicious code, interfere with the Services, evade security controls, or attempt unauthorized access;
• probe, scan, overload, disrupt, or test vulnerabilities without our written authorization;
• reverse engineer, copy, resell, sublicense, or create derivative works from the Services except as applicable law expressly permits;
• use automated means to scrape or extract data beyond documented or authorized functionality;
• use the Services to develop or train a competing product or service; or
• submit information the Customer is not authorized to provide or use.

6. Quote Assistant

Quote Assistant is an assistive feature that converts user requests into proposed quote instructions. Artificial intelligence and automated systems can produce incomplete, inaccurate, or unexpected results. Customer must review and approve all customer details, products, compatibility, inventory, pricing, margins, taxes, delivery terms, and other quote content before relying on, sending, or completing a quote. Quote Assistant does not replace professional judgment and does not make final business or legal decisions for Customer.

7. Third-party services and integrations

Customer may connect or use third-party authentication, inventory, analytics, communications, artificial-intelligence, or other services with Cart Quoter. Customer authorizes the exchanges needed to provide enabled functionality. Third-party services are governed by their own terms and may change, become unavailable, or provide delayed or inaccurate information. Cart Quoter is not responsible for third-party services, systems, acts, omissions, or data accuracy.

8. Trials, fees, billing, renewal, and cancellation

Commercial arrangements may include monthly subscriptions, annual subscriptions, free trials, invoiced contracts, or combinations of these. The applicable order form, invoice, or other written agreement identifies purchased Services, fees, payment timing, and any additional commercial terms. If it expressly conflicts with these Terms, the order form or written agreement controls for that conflict.

A free trial may automatically convert to a paid subscription only when Customer has provided payment details and received advance notice of the conversion. Unless the applicable order form states otherwise, paid monthly and annual subscriptions automatically renew for successive periods of the same length until canceled. Customer must cancel before renewal to avoid the next charge. Cancellation takes effect at the end of the current paid term, and access continues through that term unless suspended or terminated under these Terms.

Fees are non-refundable and non-creditable, including for partial periods, except where an order form or applicable law requires otherwise. Invoice payment deadlines are governed by the applicable invoice or order form. Customer is responsible for applicable sales, use, excise, and similar taxes, excluding taxes based on Cart Quoter’s net income. We may suspend access for overdue amounts after reasonable notice.

9. Cart Quoter property and feedback

Cart Quoter and its licensors retain all rights in the Services, software, designs, documentation, trademarks, and related technology. Subject to these Terms and payment of applicable fees, Cart Quoter grants Customer a limited, nonexclusive, nontransferable, revocable right during the applicable subscription term to use the Services for its internal business operations.

If Customer provides suggestions or feedback, Customer grants Cart Quoter a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or obligation, provided we do not identify Customer as its source without permission.

10. Confidentiality

Each party may receive nonpublic information that a reasonable person would understand to be confidential. The receiving party will use it only to perform or exercise rights under the parties’ agreement and will protect it using reasonable care. These duties do not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received without restriction. A party may disclose confidential information when legally required after providing notice when permitted.

11. Suspension and termination

We may suspend or limit access when reasonably necessary to address nonpayment, a security risk, unlawful activity, material violation of these Terms, harm to the Services or others, or a legal requirement. When practicable, we will provide notice and an opportunity to cure. Either party may terminate for an uncured material breach after reasonable written notice. Cart Quoter may also terminate discontinued or unpaid Services after notice.

Upon expiration or termination, Customer’s right to use the affected Services ends. Accrued payment obligations and provisions that by their nature should survive—including ownership, confidentiality, disclaimers, liability limitations, indemnification, and dispute terms—will survive. Customer Data remains subject to the Privacy Policy, applicable order forms, operational needs, and legal obligations; these Terms do not create a fixed retention or data-export commitment.

12. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available.” Cart Quoter disclaims all express, implied, statutory, and other warranties, including merchantability, fitness for a particular purpose, title, and noninfringement. We do not warrant uninterrupted or error-free operation, preservation of all data, or the accuracy or availability of quotes, inventory, pricing, integrations, artificial-intelligence output, or third-party services.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, business opportunities, or data, arising from or related to the Services or these Terms, even if advised that such damages were possible.

Cart Quoter’s total aggregate liability arising from or related to the Services or these Terms will not exceed the fees paid or payable by Customer to Cart Quoter for the Services during the preceding 12 months. These limitations apply regardless of the legal theory and do not apply where liability cannot lawfully be limited.

14. Indemnification

Customer will defend, indemnify, and hold harmless Cart Quoter and its officers, directors, employees, and agents from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from Customer Data or instructions; Customer’s products, quotes, sales, customer communications, or fulfillment; unlawful or unauthorized use of the Services; or Customer’s material violation of these Terms or another person’s rights. Cart Quoter will provide prompt notice and reasonable cooperation, and Customer may control the defense and settlement provided no settlement admits fault by or imposes nonmonetary obligations on Cart Quoter without consent.

15. Governing law and dispute resolution

These Terms are governed by California law without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.

Before initiating a formal proceeding, a party must send written notice describing the dispute and requested relief and allow 30 days for good-faith informal resolution. Notices to Cart Quoter must be sent to support@cartquoter.com and the address in Section 18.

Except for the exclusions below, any dispute arising from or relating to the Services, these Terms, or the parties’ relationship will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before one neutral arbitrator. The arbitration will be conducted remotely unless the arbitrator determines an in-person hearing is necessary, in which case it will take place in San Diego County, California. Judgment on the award may be entered in any court with jurisdiction.

Either party may bring an eligible individual claim in small-claims court. Cart Quoter may pursue collection of unpaid fees in court. Either party may seek temporary or injunctive relief in court to protect intellectual property, confidential information, account security, or the integrity of the Services. Any permitted court proceeding must be brought exclusively in the state or federal courts located in San Diego County, California.

CLASS ACTION WAIVER. Each party may bring claims only in its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may award relief only to the individual party seeking relief. JURY TRIAL WAIVER. Each party waives any right to a jury trial for disputes subject to arbitration and any permitted court proceeding to the fullest extent allowed by law.

16. Changes to these Terms

We may update these Terms as the Services, business, or law changes. We will post updated Terms, revise the effective date, and provide additional notice of material changes when required by law. Changes apply prospectively. Continued use after updated Terms become effective constitutes acceptance where permitted by law.

17. General terms

These Terms, the Privacy Policy, and applicable order forms comprise the agreement regarding the Services and supersede prior discussions on the same subject. Customer may not assign its agreement without our written consent, except in connection with a merger or sale of substantially all its assets if the assignee agrees in writing to be bound. Cart Quoter may assign its agreement in connection with a merger, reorganization, financing, or sale of its business or assets. The parties are independent contractors. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect. Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations.

18. Contact and legal notices

Questions and legal notices to Cart Quoter may be sent to: