Terms of Service

1. The agreement

These Terms of Service are an agreement between [[LEGAL_NAME]] ("we", "us") and the dealership or other business that uses B4R ("you", "the dealership"). "B4R" means the website and app at buying4retail.com and the services that come with it. "Users" means the people who use B4R for the dealership, with or without an account.

• Who is agreeing. If you use B4R for a dealership, you are accepting these terms for it and you confirm you have the authority to do so. You must be at least 18. B4R is for business use only.
• How you accept. By creating an account, signing in, or using B4R, you accept these terms. If you use B4R without an account, these terms still apply to that use.
• Order forms. A dealership that pays for B4R will have an order form or invoice from us. If a signed order form says something different from these terms, the order form wins on that point.
• Privacy. Our Privacy Policy explains what data B4R collects, who receives it and how long it is kept. It is part of this agreement.

2. The service

B4R is appraisal software for used-car dealerships. It decodes VINs; shows known issues and typical repair-cost ranges scoped to a vehicle's generation, engine, transmission and trim; shows federal recall, complaint and safety data from NHTSA; shows market data from MarketCheck; produces risk and buy scores; matches described symptoms to catalogued issues (Diagnose); triages auction run lists; and lets a store save appraisals, cars, photos and notes, and produce a condition report for a customer.

• Early release. B4R is in early testing. Features will change, some may be removed, and some depend on outside services that may be slow or unavailable. We don't offer an uptime or support-response commitment unless an order form says so.
• No account needed to look. Looking up a vehicle does not need an account. Saving anything does.

3. Accounts, stores and users

• One person, one account. Each user needs their own account. Keep your password and sign-in methods to yourself, and turn on two-factor authentication if you can. You are responsible for what happens under your account; tell us promptly at [[CONTACT_EMAIL]] if you think someone else has used it.
• Stores and roles. A store has managers and appraisers. Whoever creates a store becomes its manager. Managers can create join codes, change roles, remove members, and see the store's roster and each member's activity. Every member of a store can see the store's saved appraisals and outcomes, saved cars, photos and store notes, and the change requests its members have sent, with the reasons given and our review notes.
• The dealership's responsibility. The dealership decides who joins its store, is responsible for its users' use of B4R, and should remove people who leave. Only the dealership's own staff and contractors working for it may use its store.
• Our access. Our operator account can view every store in order to run, support and fix B4R, as the Privacy Policy describes.
• Accurate information. Give accurate account information and keep it current.

4. Acceptable use

You and your users will not:

• scrape, crawl, bulk-download or systematically copy B4R's catalogue, scores, market data or other content, or access B4R by automated means other than the features B4R provides (uploading a run list is fine);
• resell, sublicense, publish or give B4R's data or output to anyone outside your dealership, or use it to build a competing product or data set; this includes the market data B4R shows from MarketCheck;
• reverse engineer, decompile or try to extract B4R's source code or underlying data, except where the law does not allow us to forbid it;
• get around security, access controls or usage limits, reach another store's data, or probe B4R for vulnerabilities without our written permission;
• overload or interfere with B4R or the services it depends on;
• share an account, or let people outside your dealership into your store;
• use B4R for anything unlawful, including deceptive or unfair practices toward consumers, discrimination, or breaking privacy, consumer-protection or dealer-licensing laws;
• upload anything you don't have the right to upload, or anything unlawful, harassing or infringing; or
• put your customers' personal information, such as names, contact details, driver's license or financial details, into notes, change requests, Diagnose or photos, beyond what unavoidably appears in a photo of their vehicle.

We may suspend access that breaks these rules, as section 14 describes.

5. Fees and the feedback-partner program

• Order forms. Paid use of B4R is set out in an order form or invoice from us: the price, the term and the rooftops covered. B4R is priced per rooftop, with no limit on users at that rooftop.
• Payment. Unless the order form says otherwise, fees are billed monthly in advance, in U.S. dollars, and are due within 30 days of the invoice date. Fees don't include taxes; you pay any sales, use or similar taxes on them, other than taxes on our income. Fees are not refundable except where these terms say so.
• Feedback-partner program. Some dealerships use B4R at a reduced rate for a defined feedback period, in return for structured feedback, such as a short weekly call and logging real outcomes in the app. The order form states the standard rate, the feedback rate and the date the feedback period ends. After that date, the rate the order form sets for the period after it applies; if the order form sets none, paid service ends on that date unless we both agree otherwise in writing. Either of us can end a feedback period early with 30 days' written notice.
• Free use. Use without an order form, including a trial, is free, may be limited, and may be ended by us at any time.
• Late payment. If an invoice is more than 30 days overdue, we may suspend paid features after giving you 10 days' written notice.
• Price changes. We will give at least 30 days' written notice of a price change. A change does not apply during a term you have already committed to.

6. Your data

"Customer Data" means what the dealership and its users put into B4R: account information, appraisals, deal figures, saved cars, photos, notes, change requests and Diagnose questions.

• It is yours. Between you and us, the dealership owns its Customer Data. You give us a limited, non-exclusive license to host, copy, process, transmit and display it only to provide, secure, support and improve B4R for you, as the Privacy Policy describes, and as the law requires. We don't sell it.
• Your deal figures stay in your store. We don't show your appraisals, deal outcomes or savings figures to other dealerships. We won't publish them, or name your dealership as a customer or in a case study, without your written permission.
• What is shared beyond your store by design. Some features share content outside your store, and you control what goes into them. Accounts are open to anyone who signs up, so "anyone with a B4R account" is not limited to dealership staff:
  • Public community notes can be read by anyone with a B4R account. They are shown as coming from "another dealership", not with the author's name, but every account that reads one also receives the author's account identifier and store identifier (ID codes, not a name or email address). Store notes stay within your store.
  • Diagnose questions are saved with the vehicle and your store's identifier, without the user's name, and pooled across every store into a list of common questions for each vehicle. Anyone with a B4R account can read the pooled questions, including the store identifier saved with each one.
  • Change requests are reviewed by us. If we accept one, the correction goes into the catalogue everyone sees.
  For this shared content you give us a perpetual, worldwide, royalty-free license to use, adapt and display it, without your name, as part of B4R. Pooled Diagnose questions and accepted corrections can stay in B4R after you leave.
• Your responsibilities. You are responsible for the accuracy of Customer Data and for having the right to put it into B4R, including any notice your customers are owed when you photograph their vehicles or record their VINs. If you enter figures from another service, such as a Manheim MMR, you are responsible for having the right to use them under your agreement with that service.
• When we act as your service provider. Where a privacy law such as the California Consumer Privacy Act treats us as your service provider, we will:
  • process personal information in Customer Data only on your behalf and only for these business purposes: hosting, storing and processing your dealership's data to provide B4R to you and support it, keeping B4R and that data secure, debugging and repairing B4R, and improving the service, for which we use it only in de-identified or aggregated form;
  • not sell or share it, and not keep, use or disclose it for any other purpose or outside our direct business relationship with you, except as that law allows;
  • not combine it with personal information we receive from or on behalf of anyone else, or collect from our own dealings with people, except as that law allows;
  • give it the level of privacy protection that law requires;
  • help you answer consumer requests about it;
  • let you take reasonable steps to stop and fix any use of it that is not allowed; and
  • tell you if we can no longer meet these obligations.
  When we use a subcontractor to process that personal information for us, such as the hosting, database, email and AI providers named in section 5 of the Privacy Policy, we will bind it by written contract to obligations at least as protective as these. Public community notes and pooled Diagnose questions are shared with other B4R accounts by design, so they must not contain your customers' personal information; section 4 already forbids putting your customers' personal information into notes or Diagnose.
• Security incidents. We will keep reasonable safeguards in place, as the Privacy Policy describes, and tell you without unreasonable delay if we learn that someone has accessed your Customer Data without authorization.

7. Our service and your license to use it

• What we own. We and our licensors own B4R: the software, the vehicle catalogue, the scores, the design and everything else in it apart from Customer Data. Nothing in these terms transfers that ownership to you.
• Your license. As long as you follow these terms and pay what you owe, you may let your users use B4R during the term for the dealership's own business of appraising, buying, reconditioning and selling vehicles. This right is non-exclusive and non-transferable.
• Output. You may use what B4R shows you inside your dealership's business, including giving a customer the condition report as section 9 describes.
• Outside data. NHTSA data is public U.S. government data. The market data B4R shows comes from MarketCheck under our license with them; you may use it only inside B4R, for your dealership's own use.

8. Feedback

If you or your users send us suggestions, ideas, corrections or other feedback, including through change requests, calls or the feedback-partner program, we may use it freely to improve B4R, without owing you anything for it. We won't name you publicly as its source without your permission.

9. What B4R's information is, and what it isn't

This section is the most important part of these terms. B4R is built around these rules, and you agree to use it on the same basis.

10. Disclaimer of warranties

B4R is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We don't warrant that B4R will be uninterrupted, error-free or secure, or that its information, or the information it shows from NHTSA, MarketCheck or any other source, is complete, accurate or current.

11. Limitation of liability

To the fullest extent the law allows:

• Neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if told they were possible.
• We are not liable for the price paid for any vehicle, its reconditioning or repair costs, or any loss on its resale, that results from relying on B4R.
• Our total liability for all claims arising out of or relating to B4R or these terms is limited to the greater of (a) the fees you paid us for B4R in the 12 months before the event that gave rise to the claim, and (b) $100.

These limits don't apply to your obligation to pay fees, to your indemnity obligations in section 12, or to liability for a party's fraud, willful injury or willful violation of law, or anything else the law does not allow to be limited.

12. Indemnity

The dealership will defend [[LEGAL_NAME]] and its owners, employees and contractors against any claim by a third party, including a customer, another buyer or a regulator, and pay the resulting damages, settlements and reasonable legal costs, to the extent the claim arises from:

• the dealership's purchase, pricing, reconditioning, sale or financing of any vehicle;
• anything the dealership or its users told or gave a customer, including a condition report they changed;
• Customer Data, including photos, and the dealership's right to collect and use it; or
• the dealership's or its users' breach of these terms or of the law.

This does not cover a claim, or the part of a claim, to the extent it arises from our breach of these terms, our negligence or our willful misconduct.

We will tell you promptly about the claim, let you control its defense and settlement, and cooperate at your expense. You may not settle a claim in a way that admits fault by us or binds us without our written consent.

13. Confidentiality

Each of us will keep the other's non-public business information confidential, use it only for this agreement, and share it only with people who need it for this agreement and are bound to keep it confidential. For you, that includes your deal figures and outcomes; for us, it includes non-public pricing and product plans. This does not cover information that is public through no fault of the receiving party, that the receiving party already had or developed independently, or that the law requires it to disclose, after notice to the other party where the law allows.

14. Suspension and termination

• Term. Paid use runs for the term in the order form. Free use continues until either of us ends it.
• Ending it yourself. You can stop using B4R at any time. Where the order form sets no term or notice period, either of us can end paid service with 30 days' written notice.
• Suspension. We may suspend access right away if it is needed to deal with a security threat, a breach of section 4, or a legal requirement. We will tell you why and restore access once the problem is resolved.
• Termination for breach. Either of us can end this agreement if the other materially breaches it and does not fix the breach within 30 days of written notice.
• If we end or discontinue B4R. We can end free use at any time, and end paid service or discontinue B4R with 30 days' written notice. If we end paid service for any reason other than your breach, we will refund prepaid fees for the unused period.
• Your data afterwards. When the agreement ends, access ends. For 30 days afterwards, we will send you a copy of your Customer Data in a common file format if you ask. We will delete Customer Data within 60 days of your written request, except for copies in our providers' backups and logs until those are replaced on the providers' schedules, content shared by design as section 6 describes, and anything the law requires us to keep.
• What continues. Sections 6 (the license for shared content), 7 (ownership), 8, 9, 10, 11, 12, 13, this section, 16 and 17, and any fees owed, continue after the agreement ends.

15. Changes to B4R and to these terms

• Changes to B4R. We change B4R often. If a change materially reduces what a paying dealership receives, it may end paid service and we will refund prepaid fees for the unused period.
• Changes to these terms. We will email account holders at the address on their account at least 30 days before a material change takes effect, and update the effective date at the top. If you keep using B4R after the effective date, the new terms apply. If you don't agree, stop using B4R before that date; a paying dealership can end its paid service then and we will refund prepaid fees for the unused period.
• Order forms change only when both of us agree in writing.

16. Governing law and disputes

California law governs these terms, without regard to its conflict-of-law rules. Before either of us goes to court, we will try in good faith to resolve the dispute by talking for at least 30 days after one of us gives written notice of it. Any lawsuit must be brought in the state or federal courts for Marin County, California, and both of us consent to those courts. Either of us may ask any court for an order to stop misuse of its confidential information, data or intellectual property.

17. General

• Entire agreement. These terms, the Privacy Policy and any order form are the whole agreement between us about B4R, and replace any earlier understanding about it. Terms on your purchase orders don't apply.
• Assignment. Neither of us may transfer this agreement without the other's consent, except to a successor in a merger or sale of the business, with notice.
• Events outside our control. Neither of us is responsible for delays or failures caused by events outside reasonable control, including outages of the outside services B4R depends on. This does not excuse paying fees.
• Relationship. We are independent contractors. Nothing here creates a partnership, employment or agency relationship, and no one else has rights under these terms.
• Notices. Notices to us go to [[CONTACT_EMAIL]] or [[MAILING_ADDRESS]]. Notices to you go to the email address on the order form or on your account. Email counts as written notice.
• Other terms. If a court finds part of these terms unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it.

18. Contact us