Deal Smart Inc. Terms of Service

1. Acceptance

By texting, chatting, calling, or otherwise communicating with a participating dealership through Deal Smart, you agree to these Terms and our Privacy Policy.

2. Messaging Consent & Frequency

• By submitting your contact information on a dealer or partner site or initiating chat/text communication, you consent to receive automated or AI-assisted messages from that dealership and Deal Smart.
• Consent is not a condition of purchase.
• Reply STOP to cancel or HELP for support. Typical frequency ≤ 4 msgs/mo. Message & data rates may apply.

3. Service Description

Deal Smart enables dealerships to communicate via SMS, MMS, chat, voice, and email for lead responses, test-drive reminders, service updates, and related customer communications.

Deal Smart provides the infrastructure and automation but does not sell, broker, or advertise vehicles.

4. AI Transparency

Some responses may be AI-generated through systems configured and approved by the dealership.

You may request a human review at any time.

5. Responsibility for Content

All content, offers, pricing, promotions, and statements transmitted through the platform are authored and controlled by the dealership.

Deal Smart acts solely as a technology provider and communication conduit.

Consistent with 47 U.S.C. § 230 and related precedent, Deal Smart shall not be treated as the publisher or speaker of any information supplied by dealerships or customers.

6. Accuracy and Reliance

Deal Smart makes no warranty as to the accuracy, completeness, or timeliness of any dealership information.

Always verify vehicle details, pricing, and availability directly with the dealership before acting in reliance on any message.

7. Privacy and Data Use

Our data practices are governed by the Deal Smart Privacy Policy.

Deal Smart does not sell customer data or reuse message content for model training.

Data are processed only to deliver and log communications between dealerships and their customers.

8. Compliance Obligations

Dealerships are solely responsible for:

• TCPA / A2P 10DLC consent, opt-out, and registration requirements;
• FTC and truth-in-advertising compliance; and
• Any applicable state or local consumer-protection laws.

Deal Smart may block or filter unlawful or abusive traffic in good faith without assuming liability for remaining content.

9. Limitation of Liability

Deal Smart provides all services "as is" without warranty of any kind.

To the fullest extent permitted by applicable law, Deal Smart and its affiliates disclaim liability for any indirect, consequential, incidental, or special damages arising from:

• Dealer-supplied or AI-generated content;
• Customer reliance on such content; or
• Any error, omission, or delay in service delivery.

Deal Smart's aggregate liability shall not exceed the fees paid for the relevant service within the preceding twelve months.

Nothing in these Terms shall limit any rights or remedies that cannot be excluded under applicable state or federal law, including but not limited to consumer-protection laws in California and New York.

10. Indemnification

You agree to indemnify and hold harmless Deal Smart and its officers, directors, employees, and affiliates from any claims, damages, or costs arising from:

• your use or misuse of the services; or
• any violation of these Terms or applicable law, to the extent permitted by law.

11. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles.

Any dispute shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to that jurisdiction.

12. Termination

Deal Smart may suspend or terminate access for any violation of these Terms or applicable law at its sole discretion.

13. Modifications

We may update these Terms from time to time. Continued use after an update constitutes acceptance of the revised Terms.

14. Contact