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Terms of Service

Effective date: June 20, 2026

These Terms of Service (“Terms”) govern access to and use of the DriveRetention platform (the “Service”) provided by DriveRetention LLC (“DriveRetention,” “we,” “us,” or “our”). By using the Service, the dealership customer (“Dealer,” “you”) agrees to these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization.

1. The Service

DriveRetention is a customer-retention software platform for automotive dealerships that supports prepaid maintenance contracts, automated customer communications, reporting, and related functionality. We may update, improve, or modify features over time.

2. Account responsibilities

  • Provide accurate, current, and complete account information.
  • Keep credentials confidential and secure; you are responsible for activity under your accounts.
  • Promptly notify us of any unauthorized use or security incident.

3. Acceptable use

You agree not to use the Service to:

  • Send spam or unsolicited messages, or unlawful content.
  • Violate applicable laws or regulations, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state privacy laws. You are responsible for obtaining and maintaining all required consents for messaging your customers.
  • Infringe others’ rights, attempt to breach security, or interfere with the Service’s operation.

4. Customer data ownership

As between the parties, you own the customer data you provide or generate through the Service. We process that data solely as a processor on your behalf to provide the Service, and you act as the controller of your customer data. Our handling of information is described in our Privacy Policy.

5. Intellectual property

DriveRetention retains all rights, title, and interest in and to the platform, software, and related intellectual property. You retain rights in your data. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription.

6. Fees and payment

Subscription fees are billed in advance per the separate pricing or order agreement between the parties. Except as required by law or expressly stated, fees are non-refundable.

7. Termination

Either party may terminate as provided in the applicable order or upon material breach that remains uncured after written notice. Upon termination, your right to use the Service ends, and you may export your data during a reasonable transition window (see the data-retention terms in our Privacy Policy).

8. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, to the maximum extent permitted by law.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenues. Our aggregate liability arising out of or relating to the Service is limited to the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim.

10. Indemnification

You will indemnify and hold DriveRetention harmless from claims arising out of your data, your use of the Service, or your violation of these Terms or applicable law, including messaging-consent requirements.

11. Governing law and disputes

These Terms are governed by the laws of the State of Idaho, without regard to its conflict-of-laws rules. The parties will attempt to resolve disputes in good faith; unresolved disputes are subject to the exclusive jurisdiction of the state and federal courts located in Idaho.

12. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the effective date above and, where appropriate, by additional notice.

13. Contact

DriveRetention LLC, 1427 Blue Lakes Blvd N, Twin Falls, ID 83301. Email: info@driveretention.com.