Terms of Service
Last Updated: January 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and STAR AUTO SERVICE LLC, operating as Star Automotive Solutions ("Company," "we," "us," or "our"), concerning your access to and use of our advertising and phone management services, website, and platform (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the authority to enter into these Terms on behalf of your business
- Operate a legitimate automotive dealership or related business
- Comply with all applicable laws and regulations
- Not be prohibited from using the Services under applicable law
3. Account Registration and Security
To access certain features of our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access or security breach
- Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activity.
4. Services Description
4.1 Advertising Services
We provide advertising management services including campaign creation, multi-channel distribution, inventory syndication, and performance analytics. Our services include automated posting and management of vehicle listings on platforms such as Craigslist, eBay Motors, AutoTrader, Cars.com, and other automotive marketplaces. Campaign performance may vary based on market conditions, competition, budget, platform policies, and other factors beyond our control. We do not guarantee specific placement, visibility, or results from any advertising platform.
4.2 Phone Management Services
We provide phone system services including call routing, recording, analytics, and SMS capabilities powered by third-party telecommunications providers including Twilio. Service availability and quality may be affected by factors including network conditions and carrier limitations.
4.3 Inventory Management and Syndication
Our platform enables you to manage and distribute vehicle inventory across multiple channels. You acknowledge and agree that:
- You are solely responsible for the accuracy, completeness, and legality of all vehicle listings and inventory data
- You must comply with all applicable laws regarding vehicle sales, advertising, and consumer protection
- Third-party platforms (Craigslist, eBay, AutoTrader, etc.) have their own terms of service and posting policies that you must follow
- We are not responsible for listings being removed, rejected, or flagged by third-party platforms
- You must have proper authorization and legal right to sell all vehicles you list
- Vehicle pricing, descriptions, and images must be accurate and not misleading
4.4 CRM Integration
We offer integration with various CRM and dealership management systems. You are responsible for maintaining proper authentication credentials and ensuring data synchronization settings are configured correctly. We are not liable for data loss or synchronization errors resulting from third-party system changes or outages.
4.5 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with or without notice. We are not liable for any modification, suspension, or discontinuation of the Services.
5. Telecommunications Compliance
5.1 Your Compliance Obligations
You are solely responsible for compliance with all applicable telecommunications laws and regulations, including but not limited to:
- Telephone Consumer Protection Act (TCPA)
- Telemarketing Sales Rule (TSR)
- CAN-SPAM Act
- State and local telemarketing laws
- Do Not Call Registry requirements
- Consent and opt-in requirements for calls and SMS
- Federal Trade Commission (FTC) regulations regarding automotive advertising
- Truth in advertising requirements for vehicle sales
- State-specific automotive dealer licensing and advertising requirements
5.2 Consent Requirements
You represent and warrant that you have obtained all necessary consents and permissions before using our Services to contact any individual. You must maintain records of all consents and make them available to us upon request.
5.3 Prohibited Uses
You may not use our Services to:
- Send unsolicited or spam messages
- Contact individuals who have opted out or are on Do Not Call lists
- Make false, misleading, or deceptive communications
- Violate any applicable laws or regulations
- Harass, threaten, or abuse any individual
- Post fraudulent, stolen, or misrepresented vehicle listings
- Advertise vehicles you do not have legal authority to sell
- Manipulate odometer readings or vehicle history information
- Violate third-party platform terms of service or posting policies
- Engage in bait-and-switch advertising tactics
5.4 Indemnification for Non-Compliance
You agree to indemnify and hold us harmless from any claims, damages, or penalties arising from your failure to comply with telecommunications laws and regulations.
6. Fees and Payment
You agree to pay all fees associated with your use of the Services according to the pricing plan you select. Payment terms include:
- Fees are billed in advance on a monthly or annual basis
- All fees are non-refundable except as required by law
- We may change pricing with 30 days' notice
- You are responsible for all taxes associated with your use of the Services
- Late payments may result in service suspension and late fees
- Advertising spend is billed separately based on actual campaign costs
- Third-party platform fees (eBay listing fees, AutoTrader subscription costs, etc.) are your responsibility and billed separately by those platforms
- Additional charges may apply for premium features, increased call volume, or SMS usage beyond plan limits
7. Intellectual Property Rights
7.1 Our Rights
The Services and all content, features, and functionality are owned by us and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.
7.2 Your Content
You retain ownership of content you submit to the Services (inventory data, creative materials, etc.). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely to provide the Services.
7.3 Feedback
Any feedback, suggestions, or ideas you provide about the Services become our property, and we may use them without compensation or attribution.
8. Data and Privacy
Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy. You are responsible for ensuring your use of the Services complies with applicable privacy laws.
9. Warranties and Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding accuracy, reliability, or availability of the Services
- Warranties that the Services will be uninterrupted, secure, or error-free
- Warranties regarding specific results or outcomes from using the Services
- Warranties that vehicle listings will be accepted, displayed, or maintained by third-party platforms
- Warranties regarding lead quality, conversion rates, or sales results
- Warranties that third-party integrations will remain compatible or functional
We do not guarantee any specific level of leads, sales, or return on investment from using our Services. We are not responsible for changes to third-party platform policies, algorithms, or terms of service that may affect your listings or advertising performance.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless STAR AUTO SERVICE LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any law or regulation; (d) your content; or (e) your violation of any third-party rights.
12. Term and Termination
These Terms remain in effect until terminated by either party. You may terminate by canceling your account through the platform or contacting us. We may terminate or suspend your access immediately for:
- Violation of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Any reason with 30 days' notice
Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, and limitations of liability.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of [Your State], without regard to conflict of law principles.
13.2 Arbitration
Any dispute arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your Location]. Each party shall bear its own costs and fees.
13.3 Class Action Waiver
You agree that disputes must be brought on an individual basis only, and not as part of any class or representative action.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.
14.2 Modifications
We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.
14.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
14.4 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
14.5 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
15. Contact Information
For questions about these Terms, please contact us:
STAR AUTO SERVICE LLC
Email: legal@starautomotivesolutions.com
Phone: (800) 555-STAR
Address: 4250 TRICKUM RD NE, MARIETTA, GA 30066
Legal Notice: These Terms of Service do not constitute legal advice. We strongly recommend consulting with qualified legal counsel to ensure your use of our Services complies with all applicable laws and regulations.