Dealerware | Terms of Use

Last Updated: April 9, 2025

THESE TERMS OF USE (“TERMS OF USE”) ARE THE LEGALLY BINDING CONTRACT BETWEEN YOU AND DEALERWARE, LLC, AND GOVERNS YOUR ACCESS TO ANY SERVICES WE PROVIDE TO YOU. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE SIGNING UP OR USING THE SERVICES. YOU FULLY AND UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE BY ACCESSING OR USING THE SERVICES. PLEASE DO NOT CONTINUE TO ACCESS OR USE OUR SERVICES IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE.

Dealerware, LLC (“Dealerware”, “Us”, “We” or “Our”) provides services to you (“Customer”, “you” or “your”) through Our mobile applications (“Apps”), Our websites (each, a “Site”) and Our messaging services (“SMS Service”) (collectively, the “Services”). 

IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS GOVERNING DISPUTES ARISING FROM USE OF THIS SITE. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTIONS/JURY TRIALS SECTION BELOW. PLEASE READ CAREFULLY.

1.     Changes to the Terms of Use

Dealerware reserves the right to change, modify, add, or otherwise revise any portion of these Terms of Use at any time. All changes are effective immediately when We post them on this page (as indicated by the “Last Updated” date above) and will apply to your access to and use of the Services thereafter. You should discontinue your use of the Services if you do not agree to changes to the Terms of Use. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. Changes to these Terms of Use will be effective immediately but will not apply retroactively.

2.    Terms Applicable to Specific Services and Software

Certain Services, like the SMS Services, and Dealerware software and software as a service offering (“Software”) provided by Us to you may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of those Services or Software (including terms and conditions applicable to a company or other organization and its users).

For instance, the Dealerware License Agreement applies to the extent you have entered into an Order Form with Us for your access and use of the Dealerware Services and Licensed Software. If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific Service.

3.    Use of SMS Services

3.1  Applicability. The terms and conditions in this Section 3 apply if you consented to receive automated text messages (e.g., SMS and MMS) for notifications or alerts related to loaner, rental, or valet services with your dealership or service or body shop (each a “Retailer”), including text messages that may be sent using an automatic telephone dialing system (collectively, “text messages”), to the mobile telephone number you provided when signing up or any other phone number that you designate. We will send you a text message after you provide your consent to receive text messages from the SMS Services to confirm your enrollment. Consent to receive automated text messages is not a condition of any purchase of Dealerware Software or other products and services. We reserve the right in Our sole discretion to terminate or restrict your use of any part of the SMS Services without notice, for any or no reason, and without liability to you or any third party, including your mobile or wireless carrier.

3.2 Unsubscribe; Resubscribe. You can text one of the following keywords to Our short code: END, QUIT, UNSUBSCRIBE, STOP, or STOPALL to unsubscribe from, or opt-out of, receiving text messages from Us.You will receive one additional text message to confirm that your request has been processed after you text END, QUIT, UNSUBSCRIBE, STOP, or STOPALL to Our short code. If you unsubscribe from receiving text messages for one service from a Retailer, you may continue to receive text messages from Us for other services from a Retailer until you separately unsubscribe from text messages for those services. You can text START to 87057, and We will resume sending you text messages.

3.3 Help. If you are experiencing issues with the SMS Services, you can text HELP for assistance or contact Us at support@dealerware.com.

3.4 Mobile Carriers. Dealerware, its service providers, and the mobile carriers supported by the SMS Services are not liable for delayed or undelivered text messages. The SMS Services are available in the United States and Canada, but please note that not all mobile devices or handsets may be supported or compatible with the SMS Services and Our text messages may not be deliverable in all areas.

3.5 Frequency of Messages. Message and data rates may apply for any text messages sent to you from Us (and to Us from you) through the SMS Services. Please contact your mobile or wireless carrier if you have questions about your text plan or data plan. Message frequency may vary depending on the type of service that you elect to receive text messages for with your Retailer. Dealerware reserves the right to alter the frequency of text messages sent at any time. Dealerware also reserves the right to change the short code or phone number from which text messages are sent and will notify you when We do so.

3.6 Privacy. Please read Our Privacy Notice for more information about the privacy of the personal information We process in connection with the SMS Services.

4.   Use of the Services

Dealerware maintains the Services for your non-commercial, personal use. Your use of the Services for any other purpose is permissible only upon the express prior written consent of Dealerware. We reserve the right in Our sole discretion to terminate or restrict your use of the Services, without notice, for any or no reason, and without liability to you or any third party. You must be at least 18 years of age to use the Services. If you are not at least 18 years old, you must not access or use the Services.

5.    Code of Conduct

Dealerware will not be responsible for any loss or damage arising from your failure to apply with the terms and conditions set forth in this Section of the Terms of Use.

You are responsible for

• The confidentiality of your access information for the Services (e.g., account passcode, membership numbers, and pin numbers that may be provided by Dealerware when using our Apps or Site) (“Access Information”)
• Any access to or use of the Services by you or any person or entity with your Access Information, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee, relative, or agent.
• Immediately notifying Dealerware at support@dealerware.com or by phone at (855) 777-4785 if you become aware of any unauthorized use of your Access Information or any other breach of security involving your use of the Services.
• Fully logging off or out of your account for access and use of the Services;
• Notifying Dealerware at support@dealerware.com when you wish to cancel, unsubscribe from, and/or no longer desire to maintain an account for the Services or receive certain communications from us through our Services, including the SMS Services. Please note, We may still send you certain administrative communications related to your access and use of the Services (e.g., updates to these Terms of Use or an email or text message acknowledging receipt of or processing of your request to unsubscribe from the Services).

While using the Services, you agree not to:

• Restrict or inhibit any other person from using the Services, including, without limitation, by means of “hacking,” “denial of service” attacks or defacing any portion of the Services;
• Use the Site for any unlawful or unauthorized purpose;
• Express or imply that any statements you make are endorsed by Us, without Our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on Our or any third party’s intellectual property or other rights; (b) any material, non-public information about Us, any of Our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of Our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Us);
• Engage in spamming or flooding;
• Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of the Services;
• “Frame” or “mirror” any part of the Services without Our prior written authorization;
• Tamper in any way with the software or functionality of the Services, including, without limitation, transmitting or posting any software or other materials to the Services that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way gather or extract discount coupons or other content on or available through the Site, or otherwise reproduce or circumvent the navigational structure or presentation of the Services or their content;
• Harvest, “scrape,” or collect information about other customers or users of the Services without their express consent;
• Create a database by systematically downloading and storing all or any of the information on the Services;
• Copy, redistribute, use, or publish any content on, or any part of, the Services;
• Make postings of a commercial nature; or
• Permit others, including those whose accounts were terminated, to access the Services through your account, username, or password.

6.    Privacy Policy

Dealerware takes your privacy seriously. Any information submitted on or collected through the Services is subject to Our Privacy Policy (available at https://www.dealerware.com/privacy-policy/).    

7.    Service Modifications

7.1  We reserve the right, in Our sole discretion, to modify, suspend or discontinue any part of the Services at any time, without notice or liability to you or any third party. We also reserve the right, in Our sole discretion, to impose limits on certain features of the Services.

7.2 We reserve the right, without prior notification, to change any descriptions or images of, references to, or prices of, any products or services on the Services, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply Our endorsement of such products or services.

8.    Links to Other Sites

The Services may include links to third-party websites. Dealerware does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Services does not imply Our endorsement of it.

9.    Use of Information Submitted

You agree that Dealerware is free to use any comments, information, or ideas contained in any communication you may send to Dealerware, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Services or other products or services.

10. Intellectual Property

10.1 All rights are reserved. All copyrightable text, graphics, sound, downloads, software and other material contained within the Services (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Services, are copyrighted by Dealerware and are protected by law. All requests for permission to reprint or make any other use of the Content should be addressed to marketing@Dealerware.com.

10.2   DEALERWARE, SILVERCAR, and all related names, logos, product and service names, designs, and slogans are trademarks of Silvercar, Inc. Use of such marks without the prior written permission of Silvercar, Inc. is expressly prohibited. Trademarks and service marks designated with the ® symbol are registered with the U.S. Patent and Trademark Office and possibly with foreign countries. Other trademarks and service marks belonging to Dealerware may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without Our prior written permission. All other brands, trademarks and names not owned by Dealerware that appear on or in the Services are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Dealerware.

11.   No Warranty

11.1  While Dealerware uses its reasonable best efforts to maintain the accuracy and reliability of the Services, Dealerware does not warrant or represent that it will always function or be error-free. Dealerware assumes no responsibility or liability for errors or omissions in the Services or for problems with its operation. Your use of the Services is at your own risk. Without limiting the foregoing, THE SERVICES, THEIR CONTENT, AND ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you.

11.2 BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

12.  Limitation Of Liability

12.1 IN NO EVENT WILL DEALERWARE, ITS RELATED COMPANIES, AND EACH OF SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES, ANY INFORMATION PROVIDED BY THE SERVICES, OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICES. DEALERWARE, ITS RELATED COMPANIES, AND EACH OF SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS TOTAL LIABILITY FOR ANY CLAIMS UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $100.00. THE LIMITATIONS IN THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES.    

12.2    The limitation of liability set forth herein is a fundamental element of the basis of the bargain between Dealerware and you. The products and services offered through the Services would not be provided without such limitations.

12.3    Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

13.  Indemnity

You agree to indemnify, defend, and hold Dealerware and its related companies and each of their respective directors, officers, employees and agents (collectively, the “Released Parties”) harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs and fees and costs associated with enforcement of this provision, arising, directly or indirectly, in whole or in part, out of your use of the Services including your violation of any law or the rights of any person.

14. Mandatory Arbitration and Waiver of Class Actions and Jury Trials 

These Terms of Use shall be governed by and construed solely in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. You and Dealerware agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Travis County in the State of Texas. You covenant not to sue or attempt to sue Dealerware in any other forum or jurisdiction. You also acknowledge and understand that, with respect to any dispute with any of the Released Parties arising out of or relating to your use of the Services or these Terms of Use: (1) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; (2) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND (3) YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

15.  General

15.1 If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced.

15.2   Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Dealerware’s failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision.

15.3   These Terms of Use set forth the entire agreement between you and Dealerware in connection with your use of the Services.

16.  Contact Us

If you have any questions about these Terms of Use, please contact Us at support@dealerware.com.