Terms of service
Effective date: January 1, 2025 · Last updated: April 2, 2026
Welcome to DealerCentives. These Terms of Service ("Terms") govern your use of our website, platform, and services. By accessing or using DealerCentives ("we," "our," or "us"), you agree to be bound by these Terms.
1. Overview
DealerCentives is a marketing platform that enables automotive dealerships, agencies, and partners to create, manage, and deploy real-time, compliant vehicle incentives across digital channels.
Eligibility: You must be at least 18 years old and authorized to act on behalf of a business entity to use our Services.
2. Services and platform access
2.1 Services provided
- Automated incentive merchandising platform
- Incentive distribution to websites, Google Ads, Meta catalog, and email
- Creative asset generation and management
- Technical support and consultation services
- Inventory integration and automated updates
2.2 Account usage
- Users must maintain accurate account information
- Platform must be used only for intended business purposes
- Unauthorized use or distribution of account data is prohibited
- We reserve the right to suspend or terminate access for violations
3. Data rights and licensing
3.1 Licensed materials
DealerCentives licenses incentive data, images, and inventory access from third parties including but not limited to Chrome Data, OfferLogix, and other automotive data providers. Original owners retain rights to these materials.
3.2 Work product
DealerCentives retains all rights to collective work product created by the Platform. Clients receive limited license to use generated assets for their authorized dealerships only.
3.3 Data usage
DealerCentives may use aggregated analytics and performance data for Platform improvement, training purposes, and service enhancement.
3.4 Brand assets
Clients grant DealerCentives limited license to use dealer and OEM logos, images, and brand assets solely for providing services under these Terms.
4. User responsibility and compliance
4.1 Data accuracy
Where DealerCentives operates using its own integrated data sources under a separate Service Agreement, the dealer's responsibility for offer accuracy and approval applies to all offers published, regardless of the underlying data source.
- Provide complete and accurate data feeds
- Ensure proper normalization and validation of data
- Maintain current inventory and pricing information
4.2 OEM compliance
You are solely responsible for:
- Ensuring all designs and creative assets comply with OEM requirements
- Submitting materials for compliance review as required
- Maintaining compliance with manufacturer advertising standards
4.3 Content review
You must review and approve all incentives and creative materials before launch. Final responsibility for advertising accuracy and legal compliance lies with you.
5. Indemnification
You agree to indemnify, defend, and hold harmless DealerCentives from any claims, damages, or losses arising from:
- Incorrect offers or pricing information
- OEM compliance violations
- Use of Platform or generated assets
- Your breach of these Terms
- Any content you provide or publish through our Services
6. Payment terms
6.1 Payment schedule
- Terms: Net 30 days unless otherwise specified
- Payment method: Credit card required for auto-billing
- Late fees: 1.5% per month (or maximum allowed by law)
- Service suspension for non-payment
6.2 No refunds
No refunds for service issues, early termination, or dissatisfaction with results.
6.3 Price changes
DealerCentives may modify pricing with 30 days' written notice.
7. Intellectual property
7.1 Platform rights
All content, graphics, software, features, and proprietary technology on DealerCentives are the property of DealerCentives or its licensors. You may not:
- Reproduce, distribute, or create derivative works
- Reverse engineer, copy, or attempt to discover source code
- Use our proprietary processes outside of authorized services
7.2 Client content
You retain ownership of content you provide, but grant us necessary licenses to provide services.
8. Confidentiality
8.1 Mutual confidentiality
Both parties agree to maintain confidentiality regarding:
- Pricing and contract terms
- Technology and integration methods
- Client lists and business strategies
- Proprietary processes and systems
8.2 Permitted disclosure
Confidential information may be shared with employees, contractors, and advisors on a need-to-know basis.
8.3 Confidentiality period
Confidentiality obligations survive termination for two (2) years.
9. Disclaimers and limitations of liability
9.1 Service disclaimer
DEALERCENTIVES PROVIDES SERVICES "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE:
- Uninterrupted service or error-free performance
- Specific business outcomes or results
- Accuracy of third-party data or integrations
- Compatibility with all systems or platforms
9.2 Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- DealerCentives' total liability shall not exceed the total fees paid by you during the preceding 12 months
- We are not liable for indirect, incidental, special, consequential, or punitive damages
- We are not responsible for delays, interruptions, or losses from third-party services
9.3 Third-party dependencies
DealerCentives will notify users of third-party service outages (Chrome Data, OfferLogix, etc.) and work diligently to restore service, but is not liable for third-party failures.
10. SMS communications
By opting into SMS notifications, you consent to receive:
- Transactional alerts and account notifications
- Conversational support via automated text messages
- Service updates and important announcements
Message frequency varies. Standard messaging and data rates may apply. Reply HELP for assistance and STOP to cancel anytime.
11. Term and termination
11.1 Term
These Terms remain effective until terminated by either party.
11.2 Termination
Either party may terminate with written notice. DealerCentives may immediately suspend or terminate access for:
- Material breach of these Terms
- Non-payment of fees
- Violation of acceptable use policies
- Illegal or fraudulent activity
11.3 Effect of termination
Upon termination:
- Platform access ends immediately
- You may continue using previously generated assets
- Payment obligations for services rendered remain due
- Confidentiality obligations survive
12. Force majeure
Neither party is liable for delays due to circumstances beyond reasonable control, including natural disasters, government actions, internet failures, or third-party service disruptions. DealerCentives will use best efforts to restore service promptly.
13. General provisions
13.1 Governing law
These Terms are governed by Minnesota law, without regard to conflict of law provisions.
13.2 Dispute resolution
Disputes shall be resolved through:
- Good faith negotiation
- Mediation in Minnesota if negotiation fails
- Minnesota courts if mediation fails
13.3 Modifications
We may update these Terms from time to time. Material changes will be communicated via email or platform notification. Continued use constitutes acceptance of updated Terms.
13.4 Severability
If any provision is deemed invalid, the remaining provisions remain in full effect.
13.5 Entire agreement
These Terms, along with any executed Service Agreements, constitute the entire agreement and supersede all prior agreements.
14. Privacy
Your use of the Services is governed by our Privacy Policy, which outlines how we collect, use, and protect your information.
15. Contact information
Questions about these Terms? Reach us through the contact form or:
- Mailing address: PO Box 453, St. Cloud, MN 56302
- Phone: 320-252-6202
By using DealerCentives, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.