Software Terms of Use

Goxee Dealer Corp. - Terms of Use

Last Updated: April 14, 2025

This is a contract between you and Goxee Dealer Corp. ("we," "us," or "our"). This contract applies to your use of all Goxee Dealer Corp. services—both online and offline—including all updates, support, content, proprietary tools, websites (public and private), software platforms, and any related services (collectively, the "Service"). By using the Service, you agree to these terms. If you do not agree, do not use the Service.

1. Creating an Account

Accessing a free trial does not constitute account creation. We may request additional information prior to activating a trial. The individual with access to the login email controls the account. Keep your credentials confidential and secure.

2. Your Obligations

You agree to:

Comply with all applicable laws and Goxee Corp. notices or codes of conduct
Keep login credentials private and secure
Use the Service only for lawful business purposes
Not harm, disrupt, abuse, or reverse engineer the Service or its infrastructure
Not resell or redistribute the Service without prior written authorization
Not use automated systems (bots, spiders, etc.) or unauthorized third-party tools
Not use the Service for benchmarking, competitive analysis, or in violation of any proprietary rights

3. Your Service Account and Associated Accounts

You are responsible for all activities under your account and any associated accounts. The primary account holder may terminate or modify any associated accounts and may request access logs or usage data.

4. AI-Driven Coaching & Communication Tools

Certain features of the Service include AI-powered tools that analyze sales-related communication—such as recorded phone calls and text messages—to provide messaging suggestions, performance feedback, and coaching insights.

By using these features, you acknowledge and agree:

AI outputs are advisory only and do not replace your professional judgment or legal compliance
Communications analyzed may include metadata, transcripts, and message content
Transcription and natural language processing services are provided by third-party vendors including but not limited to: Google Cloud, OpenAI, Twilio, and Amazon Web Services (AWS)
Goxee Dealer Corp. is not responsible for inaccuracies, errors, omissions, or misuse of AI suggestions
You remain fully responsible for the legality, ethics, and content of all customer communications
Use of AI tools is optional and may be activated or deactivated by the account administrator

5. Billing, Payments & Refund Policy

You must keep your billing information accurate. All charges are non-refundable unless explicitly stated. You authorize us to charge your payment method for all Service usage and upgrades. Late payments may result in suspension, interest, or third-party collections. A 30-day money-back guarantee applies only to first-time software usage fees—not to third-party expenses such as advertising, CRM tools, or marketplace listing fees.

6. Trial Period Offers

We may offer trial periods. If not canceled before the end of the trial, your account may automatically convert to a paid subscription. You are responsible for backing up your data before termination.

7. Plan Conversion

You may upgrade or downgrade between service plans. If you downgrade, no refunds will be provided for prior unused balances. Changing plans may affect available features and data access.

8. Cancellations & Termination

You may cancel at any time via your account, phone, or email to [email protected]. Your cancellation is not complete until confirmed by us. Goxee Dealer Corp. may terminate your access for any breach of these terms or at its sole discretion.

Upon cancellation:

All service access is revoked
All data may be deleted permanently
You are responsible for backing up data

9. Service Limitations & Beta Features

We may impose limits on emails, storage, bandwidth, user accounts, or data retention. Certain features may be offered as beta and are subject to change or cancellation at any time without notice.

10. Cybersecurity & Liability Disclaimer

While we implement security best practices, no system is immune from attack. By using the Service, you agree that Goxee Dealer Corp. is not liable for losses due to:

Unauthorized access, hacking, or data breaches
Interruptions from cyberattacks or infrastructure failures
Software or hardware malfunctions, force majeure events, or third-party issues

You agree to indemnify and hold harmless Goxee Dealer Corp. from any claim or liability related to such events.

11. Intellectual Property & Content Ownership

All Goxee materials are protected by copyright, trademark, and other IP laws. You may not use them without written consent. You retain ownership of content you post, but grant Goxee Dealer Corp. an irrevocable, royalty-free license to use, copy, and display that content for operational purposes.

You warrant that you have legal rights to all content you upload or transmit. Goxee Dealer Corp. may remove content at any time for any reason.

12. Third-Party Services and Links

The Service may reference or integrate with third-party platforms. Goxee Dealer Corp. is not responsible for the content, terms, or availability of any third-party service. Dealings with third parties are at your own risk.

13. Performance Monitoring & Feedback

We may collect performance data to improve the Service. Any feedback you provide is non-confidential and may be used without restriction. You agree not to submit feedback that obligates us to license our software.

14. Goxee Dealer Referral Program

By participating in the Goxee Dealer Referral Program ("Program"), you agree to the following terms:

Eligibility: Referrers must be valid Goxee Dealer account holders and submit complete and accurate lead information via email, phone, or text introduction to a Goxee Dealer representative. Leads must not already exist in our database.
Reward Structure: Referrers may receive service credits or monetary rewards based on the conversion of referred leads into active paying customers, subject to current program terms. Referral benefits are recurring as long as the referred account remains active.
Lead Expiration: Leads expire after 6 months unless documented active engagement can be shown.
Limitations: Referrers may not refer themselves, subsidiaries, affiliates, or current customers. Goxee Dealer reserves the right to reject referrals that do not meet program requirements.
Conduct: Referrers must act in a professional and lawful manner. Misuse, fraud, or misrepresentation will result in removal from the Program.
Program Changes: Goxee Dealer may modify, suspend, or cancel the Program at any time without prior notice.

15. Legal Disclaimers & Limits of Liability

The Service is provided "as is" without warranties of any kind. We disclaim all implied warranties including fitness for a particular purpose, merchantability, non-infringement, and error-free operation.

To the extent permitted by law:

We are not liable for indirect, incidental, consequential, or punitive damages
Your total damages are limited to the greater of $5 or one month of your subscription
You must bring claims within one year

Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

16. Jurisdiction and Governing Law

This agreement is governed by the laws of the State of California. Disputes will be resolved exclusively in Santa Clara County, California.

17. Assignment and Entire Agreement

You may not assign your rights under this agreement. Goxee Dealer Corp. may assign this contract without notice. This is the full agreement between you and Goxee Dealer Corp. and supersedes all previous versions.

18. Force Majeure

We are not liable for delays or failures caused by events outside our control, including natural disasters, strikes, outages, war, or legal regulations.

19. Copyright & Trademark

Goxee Dealer is a registered trademark. You agree not to infringe, misuse, or represent yourself as affiliated with Goxee Dealer Corp. in any unauthorized way.

If you believe your intellectual property rights have been violated, please submit a Digital Millennium Copyright Act (DMCA) notice to our designated copyright agent via the contact details below.

20. Miscellaneous

If any portion of this Agreement is found to be unenforceable, the remaining sections will remain in full effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. These Terms do not create any agency, partnership, or joint venture.

Contact: [email protected]
Mailing Address:
Goxee Dealer Corp
750 N. San Vicente Blvd, Ste. 800 West
West Hollywood, CA 90069