Terms of Use

Software License | Terms of Service

Software License (GPL v2 or later)

The DealersChoice WordPress plugin is licensed under the GNU General Public License v2 or later (GPL-2.0+). The plugin source code is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation.

Key GPL Rights:

  • You may use, study, modify, and distribute this plugin
  • You may redistribute modified versions under the same GPL license
  • Source code must remain available and open

GPL Disclaimer: This plugin is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

Service License Agreement

While the plugin software is GPL-licensed, access to our premium services, API endpoints, updates, and support requires a separate paid subscription governed by these terms.

Terms of Service

Effective Date: 08/15/2025
Company: DealersChoice Solutions by Mannix Marketing
Contact: [email protected]

1. Agreement to Terms

1.1 Binding Agreement By purchasing a subscription, creating an account, or using our premium services, you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms referenced herein (collectively, the “Agreement”). This Agreement governs your use of our premium services and constitutes a legally binding contract between you and DealersChoice.

1.2 Acceptance Methods You accept this Agreement by:

  • Completing the subscription purchase process
  • Creating an account for premium services
  • Using an API key or accessing premium features
  • Downloading premium updates or content

1.3 Authority to Agree You represent that you have the legal authority to enter into this Agreement. If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

1.4 Entire Agreement This Agreement, along with our Privacy Policy and any order forms, constitutes the entire agreement between you and us regarding the premium services and supersedes all prior agreements and understandings.

2. Service Description

Our premium services include:

  • API access for enhanced plugin functionality
  • Automatic plugin updates and new features
  • Priority customer support
  • Access to premium templates/configurations
  • Documentation and tutorials

2.1 Subscription Plans

  • Service subscriptions are offered on a monthly or annual billing cycle
  • Pricing is as displayed on our website at time of purchase
  • All fees are non-refundable except as expressly stated

3.2 API Key and Access

  • Valid subscription required for API key issuance
  • One API key per active subscription
  • API key must not be shared or redistributed
  • We reserve the right to revoke API access for violations

3.3 Automatic Renewal

  • Subscriptions auto-renew unless cancelled
  • You may cancel at any time through your account dashboard
  • Cancellation takes effect at end of current billing period

4. Acceptable Use Policy

You agree NOT to:

  • Share your API key with unauthorized parties
  • Exceed reasonable API usage limits
  • Attempt to reverse engineer our services
  • Use services for illegal or harmful purposes
  • Resell or redistribute our premium services

5. Service Availability and Support

5.1 Uptime

  • We strive for 99.9% uptime but cannot guarantee uninterrupted service
  • Scheduled maintenance will be announced in advance when possible

5.2 Support

  • We will provide support to you through the standard means (e.g. frequently asked questions, chat, ticket) and can be facilitated by emailing [email protected]
  • Users seeking support must have a basic understanding of the systems and technology related to the Service
  • Support is available during business hours 9:00 am – 5:00 pm Eastern Time
  • We aim to respond within 24-48 hours
  • Any associated fees will be clearly provided to you before you agree to any such change or support
  • We reserve the right to provide replacements for certain components of the Services or cease supporting them altogether. No such replacement or end of life shall constitute a breach of these Terms

5.3 Authorized Support Users

  • Support will only be provided to authorized users associated with the account
  • The account holder (subscription purchaser) is automatically authorized
  • Additional authorized users may be designated by the account holder
  • Authorized users must be specified in the account settings or communicated to us in writing
  • We may require identity verification before providing account-specific support
  • Account holders are responsible for managing their authorized user list
  • Support requests from unauthorized individuals will be declined to protect account security

6. Billing and Payment Terms

6.1 Payment Methods

  • We accept e-check and major credit cards as displayed during checkout
  • Payment information must be current, complete, and accurate
  • You authorize us to charge your payment method for all fees incurred

6.2 Invoicing and Payment Due

  • Invoices are provided electronically via email and/or account dashboard
  • Payment is due immediately upon invoice generation for subscription fees
  • Custom services or additional support fees are due within 30 days of invoice date
  • We may suspend services for accounts with overdue balances

6.3 Late Fees and Collections

  • Accounts more than 15 days overdue may be charged a late fee of 1.5% per month, or the maximum lawful rate permitted by applicable law
  • We reserve the right to suspend or terminate services for non-payment
  • You remain responsible for all fees incurred plus collection costs for overdue accounts
  • Reactivation of suspended services may require payment of reactivation fees

6.4 Taxes

  • All fees are exclusive of taxes, duties, or similar charges
  • You are responsible for all applicable taxes based on your location
  • Tax-exempt organizations must provide valid exemption certificates

6.5 Fee Changes

  • We may change subscription fees with 30 days advance notice
  • Fee changes take effect at your next renewal period
  • Additional service fees will be clearly disclosed before you agree to such services

7. Intellectual Property

7.1 Plugin Code (GPL)

  • Plugin source code remains GPL-licensed
  • You may modify and redistribute the plugin code
  • Modified versions must also be GPL-licensed

7.2 Premium Services

  • Our APIs, service infrastructure, and proprietary content remain our intellectual property, including the systems and networks used to provide Services, including but not limited to all system-generated data, modifications, improvements, and upgrades
  • Service data, documentation, and premium features are not GPL-licensed
  • You receive only a limited license to access these services during your subscription

7.3 Customer Content

  • Customer Content means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through the Services.
  • Customer Content is and remains your exclusive property, and we claim no rights whatsoever in the Customer Content except to the extent explicitly granted herein.
  • For the Term of the Agreement, you hereby grant to us, our affiliates, providers of Third-Party Services, and subcontractors a non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable, worldwide license to use, modify, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute the Customer Content (in whole or in part) solely and strictly to the extent required to provide the Services to you under these Terms

7.4 Feedback and Suggestions

  • We may solicit, and you or your Authorized Users, may provide feedback, suggestions, or ideas about the Services
  • If you or your Authorized Users provide feedback, you agree that such feedback is provided freely and voluntarily
  • Except to the limited extent such feedback contains your confidential information, we are free to use and disclose such feedback for any purpose without compensation or accounting to you or any other person
  • We shall own all right, title, and interest in and to such feedback, along with any changes, modifications, or upgrades we make to our current products or services and any new products or services that we develop using the feedback you or your Authorized Users provide
  • This includes but is not limited to feature requests, bug reports, performance suggestions, and enhancement ideas
  • By providing feedback, you waive any claims to intellectual property rights in improvements or new features that may result from your suggestions

8. Data and Privacy

8.1 Data Collection

  • We collect only data necessary to provide services
  • API usage statistics may be collected for service improvement
  • Personal data is handled according to our Privacy Policy

8.2 Data Retention

  • Account data retained for duration of subscription plus 90 days
  • You may request data deletion upon account termination

9. Indemnification

9.1 User Indemnification You agree to defend, indemnify, and hold harmless DealersChoice, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from or alleged to result from:

  • Your use or misuse of the Services or plugin
  • Your violation of these Terms of Service
  • Your violation of any third-party rights, including without limitation any copyright, trademark, property, or privacy right
  • Any content or data you submit, post, or transmit through the Services
  • Any breach of your representations and warranties set forth in these Terms
  • Your negligent or willful misconduct
  • Any modifications you make to the plugin code that cause harm or liability
  • Any integration or combination of our Services with other software, services, or systems

9.2 Process In the event of such claim, we will provide you with written notice of the claim, suit, or action. You will have control of the defense and settlement of any such claim, provided that we may participate in the defense with counsel of our choice at our expense, and provided further that you may not settle any claim without our prior written consent if such settlement would impose any obligation or liability on us.

9.3 Limitations Your indemnification obligations will not apply to claims arising solely from our gross negligence or willful misconduct, or our breach of these Terms of Service.

10. Limitation of Liability

10.1 Disclaimers

  • Services provided “as is” without warranties
  • We disclaim warranties of merchantability and fitness for particular purpose
  • Your use of services is at your own risk
  • We may perform regular backups of Customer Content, however we do not guarantee no loss or corruption of data
  • We will provide support to you and attempt to troubleshoot any known or discovered issues within the Customer Content, but you acknowledge that we have no liability related to the integrity of your content
  • You agree to maintain a complete and accurate copy of any Customer Content in a location independent of the Services

10.2 Liability Limits

  • Our liability is limited to the amount paid for services in the past 12 months
  • We are not liable for indirect, consequential, or punitive damages
  • Some jurisdictions may not allow these limitations

11. Termination

11.1 By You

  • You may cancel subscription at any time
  • Access continues until end of billing period
  • No refunds for partial periods

11.2 By Us

  • We may terminate for violations of these terms
  • We may discontinue services with 30 days notice
  • Refunds may be provided for prepaid unused periods at our discretion

12. Changes to Terms

  • We reserve the right to update these terms. Changes to these Terms will become effective 30 days after they are posted, except to the extent the changes are required by law, in which case they will be effective immediately.
  • We will provide at least 30 days’ advance notice for material changes to these Terms by email to the account owner as designated in the account signup process
  • Continued use constitutes acceptance of new terms

13. Publicity and Marketing

Both parties acknowledge and agree that they have entered into a business relationship and may publicly disclose this fact. You consent to our use of your company name and logo in our customer listings, case studies, testimonials, and marketing materials, provided that we comply with any trademark usage guidelines you provide and accurately represent the nature of our business relationship. Similarly, you may reference your use of our Services and include our name and logo in your own marketing materials, subject to our trademark guidelines and accurate representation of the relationship.

Any use of either party’s name, logo, or other intellectual property beyond basic relationship acknowledgment requires prior written consent from the trademark owner. Neither party may use the other’s branding in connection with competing products or services, nor may either party mischaracterize the scope or nature of the business relationship. You may not present yourself as our authorized reseller, partner, affiliate, or agent unless such relationship is established under a separate written agreement. We similarly will not misrepresent our relationship with you or suggest any partnership, endorsement, or affiliation beyond the service relationship established in these Terms.

Both parties agree to cease any use of the other’s name, logo, or trademarks immediately upon termination of the service relationship, except as may be required for historical accuracy in past marketing materials or legal compliance.

14. Governing Law

These terms are governed by the laws of the State of New York without regard to conflict of law provisions. Any disputes will be resolved in the courts of New York.