Dealer Performance provides consulting and implementation support for dealership operations, including AI-enabled workflows, messaging strategy, and process design.

If you purchase services from us, the commercial terms may be set out in a separate proposal, order form, statement of work, or subscription terms (“Order Terms”). If there is a conflict between these Terms and the Order Terms, the Order Terms control for the purchased services.

You agree not to:

If you submit your contact information, you may receive communications from us related to your request, scheduling, or services.

Monitoring and recording. We may monitor and retain records of calls, voicemails, texts, and email logs for quality assurance, training, security, and compliance where permitted by law.

If our services involve messaging, calling, or email automation for your dealership or business, you understand and agree that you (the client) are the initiator of communications and you are solely responsible for compliance with applicable laws and regulations, including consent requirements, do-not-call/do-not-contact obligations, opt-in and opt-out processing, and time-of-day and time-zone restrictions.

You are responsible for obtaining, maintaining, and documenting all required consents and authorizations, and for maintaining and honoring your internal suppression lists and any applicable national or regional registries.

For clarity, we do not guarantee that integrations will automatically detect, synchronize, or validate your consent status, opt-in/opt-out records, or suppression lists. You are responsible for ensuring your records are accurate and current.

Any AI-enabled tools, automations, or recommendations are probabilistic and may generate unexpected, incomplete, or inaccurate outputs. You are responsible for reviewing, validating, and verifying outputs before using them with customers, including verifying vehicle availability, pricing, incentives, appointment confirmations, and any other customer-facing representations.

We do not guarantee results, conversion, revenue, appointment volume, or ROI. Outcomes depend on factors outside our control (including staffing, inventory, pricing, follow-up, and market conditions).

We may provide or help draft scripts, prompts, message templates, or other content. You are responsible for reviewing all facts, representations, disclosures, and legal claims for accuracy and compliance before use, even if we helped create them.

As between you and Dealer Performance, you retain ownership of the data you provide to us (“Customer Data”). You grant us a limited, non-exclusive license to access, store, process, transmit, and use Customer Data to provide, maintain, and improve services, to support you, and to prevent or address security and technical issues.

We may create and use de-identified and aggregated data (data that does not identify you or any individual) for analytics, benchmarking, service improvement, and to build or train internal models, where lawful.

If you provide feedback, you grant us a non-exclusive, royalty-free right to use that feedback to improve our services.

Fees and payment terms (including any onboarding or implementation fees) are set out in the applicable Order Terms. Unless we expressly agree otherwise in writing, payments are non-refundable.

If you dispute a charge, contact us first so we can investigate and attempt to resolve the issue. Chargebacks may result in suspension of services while the dispute is investigated and resolved.

We may suspend or limit services (including blocking certain contacts) if we reasonably believe your use may violate applicable law, create unusual compliance risk, threaten platform deliverability, or harm Dealer Performance or third parties.

The Site and its content (text, design, graphics, logos) are owned by Dealer Performance or its licensors and are protected by intellectual property laws. You may not reproduce or distribute our content without written permission.

The Site may reference or integrate with third-party services (for example: scheduling tools, CRMs, communications providers). We are not responsible for third-party services, content, or policies.

The Site and services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, Dealer Performance will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill arising from your use of the Site or services.

You agree to defend, indemnify, and hold harmless Dealer Performance from claims arising out of your misuse of the Site, your Customer Data, or your violation of these Terms, including claims arising from messaging, calling, or email campaigns where you failed to obtain required consent or comply with applicable laws.

We may modify the Site or these Terms at any time. Continued use of the Site after changes become effective means you accept the updated Terms.

These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-law rules.

Dealer Performance
Email: jtorreblanca@dealerperformance.ai