These Terms of Service (the “Terms”) govern your use of the DealerMap mobile application,
the DealerMap web console, and the dealermap.app website (together, the “Service”).
The Service is published and distributed by No Rest for the Wicked LLC
(doing business as DealerMap; “DealerMap,” “we,” “us,” “our”), a Washington limited
liability company, USA. We may assign these Terms to an affiliate or successor entity
that continues operating the Service. By creating an account or using the Service, you
agree to these Terms and to our Privacy Policy. If you do not
agree, do not use the Service.
1. The Service; business use only
DealerMap is a business-to-business field-sales tool for vehicle-warranty and
dealer-services professionals: a nationwide map of licensed vehicle dealerships together
with tools to record prospecting notes, schedule follow-ups, and — for organizations —
share that work across a team with manager oversight. The Service is intended solely for
business use by people 18 years or older. It is not offered to consumers,
children, or for personal/family use.
2. Accounts
- You must provide accurate account information and keep your credentials secure.
Accounts are personal to you; do not share a login.
- You are responsible for all activity under your account. Tell us promptly at
support@dealermap.app if you suspect
unauthorized use.
- If you use the Service on behalf of an organization, you represent that you are
authorized to bind that organization, and “you” includes it.
3. Organizations, roles & the access model
- An Organization groups member accounts under one or more
administrators. The account that creates an organization is its owner; admins may
invite members (via invite keys), assign roles and territories, and deactivate
members.
- Work notes recorded while acting for an organization are the organization's
business records. They are shared with the organization by default, remain
with it, and are controlled by its administrators — not by the individual member who
typed them. Administrators may annotate but never silently edit a member's entries;
corrections are attributed.
- Notes on a personal (non-organization) account belong to your account.
- When a member is deactivated or leaves, their access to organization data ends and
organization-shared records stay with the organization, consistent with the in-app
access model and the Privacy Policy.
- Organization administrators are responsible for having the right to direct their
members' use of the Service and for their organization's compliance with these
Terms.
4. Your content — ownership and our license
“Customer Content” means the prospecting notes, visit logs, statuses,
follow-ups, and related business details you or your organization record in the Service.
As between you and DealerMap, Customer Content is owned by you — by the
organization for organization records (Section 3), and by you personally for records on a
personal account.
So that we can run the Service, you grant DealerMap a worldwide, non-exclusive,
royalty-free license to host, store, copy, transmit, process, display, analyze, and create
derivative works from Customer Content as reasonably necessary to (a) provide,
maintain, secure, and support the Service; (b) monitor for abuse, fraud,
misuse, and security incidents; (c) detect, investigate, and fix bugs and
service problems; (d) enforce these Terms and comply with law; and (e) develop
and improve the Service. This license lasts for as long as the relevant content is in the
Service, plus a reasonable wind-down period for backups.
- Aggregated & de-identified data: we own, and may use for any
lawful purpose (analytics, benchmarking, product development), data derived from use of
the Service that has been aggregated or de-identified so it no longer identifies you,
your organization, or any person. This right survives termination.
- Service data: usage data, telemetry, logs, and audit trails generated
by the operation of the Service are ours.
- Retention on deletion: when an account is deleted, personal
information is deleted and organization business records are retained by the
organization with the author de-identified, as described in the Privacy Policy.
5. The DealerMap dealer database & our intellectual property
- The Service — including the software, apps, console, design, and the
DealerMap dealer database (our compiled, verified base layer of
licensed vehicle dealerships and its structure, corrections, and enrichments) — is
owned by or licensed to DealerMap and protected by intellectual-property laws.
- You receive a limited, non-exclusive, non-transferable, revocable
license to use the Service and the dealer database within the Service for your
internal business purposes while you have an account in good standing.
- You may not scrape, bulk-extract, copy, resell, distribute, or use
the dealer database (in whole or substantial part) outside the Service, or use it to
build or train a competing product or dataset. The CSV exports the Service provides of
your own notes, activity, members, and territories are yours to use.
- All rights not expressly granted are reserved.
6. Acceptable use
You agree not to, and not to permit anyone to:
- use the Service unlawfully, or to infringe, defame, or harass anyone;
- access the Service by automated means (bots, scrapers, crawlers) or by anything other
than the interfaces we provide;
- probe, bypass, or interfere with security or access controls, or access data or
organizations you are not authorized to access;
- reverse engineer, decompile, or copy the Service except where law permits despite
this limitation;
- resell, sublicense, rent, or provide the Service to third parties as a service
bureau;
- sell, rent, trade, publish, or transfer the Service, the dealer
database, any data obtained through the Service, another user's or organization's
data, or your account, to anyone;
- misuse invite keys, impersonate others, or misrepresent your affiliation;
- upload malicious code or content you have no right to submit;
- use the Service to send unlawful communications or to violate laws applicable to your
outreach to dealerships.
7. Fees; billing; changes to the Service, pricing & packaging
- The core individual product is free. The individual app —
map, notes, sync, calendar — is free. Paid upgrades for individual users, when
offered, are sold exclusively through Apple's In-App Purchase and governed by the
App Store's terms (Section 9). Individuals are never billed on the web.
- Organization plans are sold on the web and billed by subscription.
Organization plans are flat-priced seat bands purchased through the web console,
billed monthly or annually in advance in U.S. dollars. Payments are processed by
Stripe, Inc., our payment processor — your full card details go to
Stripe and are never stored on our systems. Enterprise agreements are invoiced under
a separate Order Form / MSA (Section 15) rather than card checkout.
- Automatic renewal; cancellation. Subscriptions renew automatically
at the end of each billing period until canceled. The organization's billing admin
can cancel any time in the billing portal; cancellation takes effect at the end of
the current period, and amounts already paid are non-refundable except where the law
or a signed agreement says otherwise. Prices in effect at renewal apply to the
renewed period.
- Trials. We may offer free trials (currently 14 days, up to 5
seats; a payment method may be required at trial start, with no charge until the
trial ends and the option to cancel before any charge). When a trial ends without a subscription, features that
require an active plan stop; nothing you created is deleted, each user keeps access
to their own work, and export remains available (Sections 4 and 10).
- No overage charges; seat bands. Each band includes a stated
number of seats plus a small built-in grace allowance. Exceeding your band never
creates an automatic charge — adding seats beyond the allowance requires moving to
a larger band by affirmative purchase.
- Taxes. Prices are exclusive of taxes. Where we are required to
collect sales tax, VAT, GST, or similar amounts, they are added at checkout or on
the invoice and itemized; you are otherwise responsible for taxes applicable to
your purchase (excluding taxes on our income). If you are tax-exempt, provide a
valid exemption certificate to support@dealermap.app before purchase.
- Nonpayment. If a renewal payment fails we retry and notify the
billing contact. While payment is outstanding we may reduce the organization's
service to a read-only state; we do not delete your data for nonpayment, each user
keeps access to their own work, and export remains available per the access model.
Restoring payment restores service.
- The Service will evolve. We may add, modify, gate, restructure, or
remove features and functionality at any time, at our sole discretion, with or without
notice — except that we will give reasonable notice of material discontinuations
(Section 11) and any notice required by law or by the App Store.
- Pricing and packaging may change at any time. We may introduce,
expand, or restructure pricing, plans, tiers, pay-to-unlock features, upgrade
packages, promotions, and marketing offers, and may move features that are free today
into paid plans in future versions, at our sole discretion, with or without advance
notice. New and changed pricing applies prospectively — an active subscription's
price does not change mid-period.
- You will never be charged without an affirmative purchase. No
pricing change retroactively bills you for past use, and nothing converts a free
account into a paid one without the account holder (or the organization's billing
admin) affirmatively buying.
- Continuing to use the Service after a feature or pricing change takes effect
constitutes acceptance of the change. If you don't agree with a change, your remedy is
to stop using the Service and, if you wish, export your data and delete your
account.
8. Third-party services
The Service is built on third-party infrastructure and services — including Supabase
(hosting, database, authentication), Stripe (payment processing for organization
plans), Apple Maps/MapKit (mapping), and the Apple App Store (distribution). Their
terms govern their services — payments are additionally subject to
Stripe's terms — and
mapping data is subject to the map provider's attribution and usage requirements. We
are not responsible for third-party services we do not control.
9. Apple App Store terms
For the iOS app: these Terms are between you and DealerMap only — not with Apple Inc.
Apple is not responsible for the app or its content, and has no obligation to furnish
maintenance, support, or to address any claim relating to the app (including product
liability, legal compliance, or IP claims). In case of the app's failure to conform to
any applicable warranty, Apple may refund any purchase price paid (there is none for
this free app), and to the maximum extent permitted by law Apple has no other warranty
obligation. You represent you are not in a country subject to a U.S. Government embargo
and are not on any U.S. Government restricted-party list. Apple and its subsidiaries are
third-party beneficiaries of these Terms and may enforce them against you.
10. Privacy & account deletion
Our Privacy Policy explains what we collect and why, including
that device location is used on-device only and never transmitted, and how organization
sharing works. We do not sell your or your organization's personal
information, and Section 6 prohibits anyone else from selling data obtained
through the Service. You can delete your account and personal data at any time in the app
(Profile → Account → Delete account); organization business records are retained by the
organization with your authorship de-identified, as the Privacy Policy describes.
11. Suspension & termination
- You may stop using the Service or delete your account at any time.
- We may suspend or terminate access (with notice where practicable) if you materially
breach these Terms, misuse the Service or its data, create risk or legal exposure for
us or other users, or if required by law. Where the issue is curable we will normally
warn you first.
- We may modify or discontinue features, and will give reasonable notice of material
discontinuations so organizations can export their data.
- On termination, Sections 4 (licenses/aggregated data), 5, 6, and 12–21 survive.
Organization data custody follows Section 3 and the Privacy Policy.
12. Confidentiality
“Confidential Information” means non-public information one party discloses to the other
in connection with the Service that is marked confidential or that a reasonable person
would understand to be confidential — including Customer Content (yours) and non-public
product, security, and pricing information (ours). The receiving party will (a) use
Confidential Information only in connection with the Service, (b) protect it with at
least reasonable care, and (c) not disclose it except to personnel and service providers
who need it and are bound by comparable duties. These duties do not apply to information
that is or becomes public through no fault of the receiver, was lawfully known before
disclosure, was independently developed, or must be disclosed by law (with notice to the
other party where lawful). Confidentiality obligations continue for three (3) years after
termination; trade secrets remain protected for as long as they qualify as such. Nothing
in this Section limits our license in Section 4 or our rights in aggregated and
de-identified data.
13. Publicity
We may identify your organization as a DealerMap customer and use its name and logo in
our customer lists, website, and marketing materials, in a manner that does not suggest
endorsement beyond being a customer. Your organization may revoke this permission at any
time by emailing support@dealermap.app, and we
will stop new uses within a reasonable period. Neither party will issue a press release
about the relationship without the other's consent.
14. Service levels & support
We work to keep the Service available and fast, but the Service is provided
without any service-level agreement (SLA), uptime commitment, or support-response
guarantee unless expressly stated in a mutually executed Enterprise Agreement or
Order Form (Section 15). Support is provided by email at
support@dealermap.app on a commercially
reasonable basis. Planned maintenance and third-party outages (Section 8) may affect
availability.
15. Enterprise agreements; MSA & DPA
- Master Subscription Agreement (MSA): organization and enterprise
plans may be governed by a mutually executed Master Subscription Agreement and Order
Form. Our standard template is published at
dealermap.app/legal/msa. A signed MSA/Order Form controls over
these Terms for that customer to the extent of any conflict.
- Data Processing Addendum (DPA): where we process personal data on an
organization's behalf (including under GDPR/UK GDPR or similar laws), our Data
Processing Addendum at dealermap.app/legal/dpa applies and is
incorporated into these Terms for that organization.
- Absent a signed MSA, these Terms are the agreement for all use of the Service.
16. Feedback
If you send us ideas, suggestions, or feedback about the Service, we may use them without
restriction or compensation, and they become ours to the extent permitted by law.
17. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. THE DEALER DATABASE IS
COMPILED FROM PUBLIC AND LICENSED SOURCES AND MAY CONTAIN INACCURACIES OR OMISSIONS —
VERIFY INDEPENDENTLY BEFORE RELYING ON ANY RECORD. DEALERMAP DOES NOT GUARANTEE ANY
BUSINESS OUTCOME, SALES RESULT, OR THE ACCURACY OF ANY METRIC. SOME JURISDICTIONS DO NOT
ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
18. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) DEALERMAP — AND ITS OWNER, OPERATOR,
PERSONNEL, CONTRACTORS, LICENSORS, AND ANY SUCCESSOR ENTITY (TOGETHER, THE “DEALERMAP
PARTIES”) — WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF
ADVISED OF THE POSSIBILITY; AND (b) THE DEALERMAP PARTIES' TOTAL COMBINED LIABILITY FOR
ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF FIFTY U.S. DOLLARS
(US $50) OR THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE ONE (1) MONTH BEFORE THE
EVENT GIVING RISE TO THE FIRST CLAIM.
THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF
ITS ESSENTIAL PURPOSE. EVERY DISCLAIMER, LIMITATION, AND PROTECTION IN THESE TERMS RUNS
TO THE BENEFIT OF EACH DEALERMAP PARTY. ANY CLAIM ARISING OUT OF OR RELATING TO THE
SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ACCRUES OR IT IS PERMANENTLY BARRED.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
19. Indemnification
You will defend and indemnify the DealerMap Parties (defined in Section 18) against
claims, damages, and reasonable costs (including attorneys' fees) arising from your
Customer Content, your use of the Service in violation of these Terms or the law, or
your organization's direction of its members — except to the extent caused by our own
breach of these Terms.
20. Governing law; mandatory arbitration; class-action & jury waiver
These Terms are governed by the laws of the State of Washington, USA, excluding its
conflict-of-laws rules. Please read this section carefully — it requires
disputes to be resolved out of court and limits how claims may be brought.
- Talk to us first — Notice of Dispute. Before starting any
proceeding, the party with the dispute must send the other a written Notice of Dispute
(to us: support@dealermap.app) including the
claimant's name and account email, a description of the dispute, and the specific
relief sought, and the parties must then attempt in good faith to resolve it for
30 days. A proceeding started without this notice-and-negotiation step must be
dismissed or stayed until it is completed.
- Binding arbitration — no court, no jury. Any dispute, claim, or
controversy arising out of or relating to the Service or these Terms — including its
existence, breach, termination, or validity — that is not resolved informally will be
resolved exclusively by final and binding arbitration before a single
arbitrator, administered by the American Arbitration Association ("AAA") under its
Commercial Arbitration Rules (and, where the AAA determines they apply, its
Consumer Arbitration Rules), seated in Washington State, with hearings conducted
remotely by videoconference unless the arbitrator orders otherwise. Judgment on the
award may be entered in any court with jurisdiction. YOU AND DEALERMAP EACH
WAIVE THE RIGHT TO SUE IN COURT AND THE RIGHT TO A TRIAL BY JURY.
- FAA and delegation. This arbitration agreement is governed by the
Federal Arbitration Act. All threshold questions — including arbitrability, and the
scope, enforceability, and formation of this Section — are delegated to and decided by
the arbitrator, except that only a court may decide the enforceability of the
class-action waiver below.
- Individual claims only — class-action waiver. ALL CLAIMS MUST BE
BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The
arbitrator may not consolidate claims or preside over any form of class proceeding.
If this class-action waiver is found unenforceable as to a particular claim, then that
claim (and only that claim) proceeds in court under the venue below, and the waiver
survives for everything else.
- Carve-outs. Either party may (a) bring an individual claim in
small-claims court, and (b) seek injunctive or equitable relief in court for
infringement or misuse of intellectual property or the dealer database, or for
unauthorized access to the Service.
- Venue for anything not arbitrated: the state or federal courts
located in Washington State, and both parties consent to their exclusive
jurisdiction.
- Fees. Arbitration fees are allocated per the administrator's rules;
each side bears its own attorneys' fees unless the arbitrator or law provides
otherwise. If a claim is frivolous or brought for an improper purpose, the arbitrator
may reallocate fees accordingly.
- Coordinated filings (batching). If 25 or more similar demands are
filed by or with the assistance of coordinated counsel, the demands will be resolved
in staged batches of up to 25, with a single arbitrator per batch; AAA filing and
administration fees apply per batch, and any statute of limitations is tolled for
demands awaiting their batch.
- Confidentiality. The existence, content, and outcome of any
arbitration are confidential except as needed to enforce an award or as required by
law.
- Survival. This Section survives termination of these Terms and of
your account.
21. Changes to these Terms; general
- We may update these Terms as the Service evolves. For material changes we will give
notice (in the app, the console, or by email) before the changes take effect; continued
use after the effective date is acceptance. The current version always lives at
dealermap.app/terms.
- We may assign these Terms (including to a successor entity of the publisher); you may
not assign them without our consent.
- If any provision is unenforceable, the rest remain in effect. Our failure to enforce
a provision is not a waiver. These Terms — together with the Privacy Policy, the DPA
where it applies (Section 15), and any mutually executed MSA/Order Form — are the
entire agreement about the Service.
Neither party is liable for delays caused by events beyond its reasonable control.
22. Contact
Questions about these Terms: support@dealermap.app.