Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and The DAS Board LLC ("we", "us", "our") and govern your access to and use of our dealership analytics and management platform, related websites, mobile applications, APIs, and support services (collectively, the "Service"). If you are accepting these Terms on behalf of a dealership, dealer group, or other organization, you represent that you are authorized to bind that organization, and "you" refers to both you and that organization. Customers located in the European Economic Area, the United Kingdom, or Switzerland should also read Section 18, which sets out rights that apply in those regions.

1. Acceptance of Terms

By creating an account, signing an order form, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. We may issue updated Terms from time to time as described in Section 17; continued use of the Service after an update means you accept the revised Terms. When you accept these Terms at checkout we record which dated version you accepted, so that a later change to this page cannot be presented as something you agreed to.

2. Description of the Service

The DAS Board is a multi-tenant, subscription-based software-as-a-service platform for automotive dealerships, dealer groups, and individual finance professionals. The Service includes role-specific dashboards (for salespeople, finance managers, sales managers, general managers, general sales managers, dealership administrators, group administrators, and other roles we support from time to time), deal logging and commission tracking, pay-plan calculation, schedule management, goal setting, inventory insights, reporting, and related analytics. Optional paid features include automated Dealer Management System (DMS) data sync, white-glove concierge setup, and the Single Finance Manager plan for individual finance professionals. Features, limits, and availability are described on our website and in your order form, and may evolve as we improve the Service. The Service is a reporting and management layer: your DMS remains your system of record, and where a figure we display disagrees with your DMS, your DMS governs.

3. Account Registration and Eligibility

To use the Service you must register an account and keep your information accurate. You agree that:

• You are at least 18 years old and legally able to enter into a binding contract
• Each login is personal — you will not share passwords or allow other people to use your credentials
• You will use a strong password, enable available security features, and notify us promptly at security@thedasboard.com if you suspect unauthorized access
• You are responsible for all activity that occurs under your account and for the accuracy of roles, titles, pay plans, and dealership information you provide
• The dealership or dealer group that subscribes is the "Account Owner" and its designated administrators control access for users within that tenant
• Where you create accounts for your employees, you confirm that you have told them their data is held in the Service and that you have the lawful basis to do so — we hold their pay plans, commissions, goals, and schedules on your instruction, not on our own initiative

4. Plans, Billing, and Cancellation

The Service is offered on subscription plans (including free trials, monthly plans, and the Single Finance Manager plan). Billing is handled by Stripe, our payment processor. Our Subscription Agreement sets out trials, pricing, and cancellation in full and governs where it and this section differ on a billing question. By subscribing you agree that:

• Fees, billing frequency, and included features are those shown at checkout or on your order form, excluding taxes
• A trial requires a payment method up front and converts automatically to a paid subscription when it ends, unless you cancel first
• Subscriptions renew automatically for successive terms of the same length until cancelled in your account settings or by written notice
• You can cancel at any time; cancellation takes effect at the end of the then-current billing period and you retain access until that date
• Except where required by law or our written refund policy, fees already paid are non-refundable, including for partial periods and unused features
• We may change subscription fees on at least 30 days' prior notice; changes take effect at your next renewal and you may cancel before renewal if you do not accept the new fee
• You are responsible for all applicable taxes, VAT, GST, duties, and withholdings, other than taxes based on our net income
• If a payment fails or is charged back without a valid reason, we may suspend the Service until amounts are paid

5. Acceptable Use

You agree to use the Service only for lawful business purposes and in a way that does not harm other users or the platform. You will not:

• Violate any applicable laws, regulations, or third-party rights, including consumer protection, data protection, labor, and automotive finance rules
• Upload or enter false, fraudulent, or misleading deal, commission, inventory, or performance data
• Share login credentials, circumvent seat limits, or use the Service on behalf of another dealership without a separate subscription
• Attempt to access another tenant's data, reverse engineer the Service, probe for vulnerabilities outside of an authorized disclosure program, or scrape or automate access except through documented APIs
• Upload viruses, malware, or other harmful code, or use the Service to send spam or unlawful communications
• Enter a vehicle buyer’s Social Security number, driver’s licence number, date of birth, credit information, or complete account or card numbers into any field, including free-text notes — the Service is not built to hold that data and we do not want it
• Use the Service to build, train, or benchmark a competing product, or to resell access to the Service without our written permission

6. Intellectual Property and Customer Data

We own all rights, title, and interest in the Service, including the software, user interfaces, designs, logos, documentation, aggregated analytics, and all improvements we develop. You receive a non-exclusive, non-transferable, revocable right to use the Service during your subscription. As between you and us, you own the dealership, employee, deal, commission, pay-plan, and performance data you or your users enter into the Service ("Customer Data") and you grant us a worldwide license to host, process, transmit, and display Customer Data as needed to provide the Service, secure the platform, produce aggregated and de-identified analytics, and meet our legal obligations. Protections that apply include:

• Copyright, trademark, trade secret, and other intellectual property laws
• Your ownership of Customer Data and our ownership of the platform, feedback, and aggregated analytics
• Any third-party components we use, subject to their own licenses

You may not copy, modify, distribute, publicly display, or create derivative works of the Service, or remove any proprietary notices, without our express written permission. If you give us feedback, ideas, or suggestions, you grant us a perpetual, royalty-free license to use them to improve the Service. We do not use Customer Data to train machine-learning models of our own.

7. Privacy and Data Protection

Our Privacy Policy explains what personal data we collect, how we use it, how long we keep it, and the rights you have, including the GDPR rights summarized in Section 17 of that Policy. It also explains something this agreement depends on: for your own signup and billing data we are the controller, while for your employees' data and your customers' deal data we act as your processor, on your instruction. For business customers in the European Economic Area, the United Kingdom, or Switzerland, a Data Processing Addendum incorporating the European Commission's Standard Contractual Clauses and, where applicable, the UK International Data Transfer Addendum is available on request from privacy@thedasboard.com.

8. Artificial Intelligence Features

The Service includes an AI Advisor, an optional feature that answers questions about your dealership's performance using a large language model operated by a third party. Our Responsible AI page describes it in full. As a matter of contract:

• Using the feature sends aggregated performance metrics from your dealership — including the names of individual employees alongside their own deal counts, gross, and product penetration — to our current model provider. No vehicle-buyer data is included.
• What that provider does with the data it receives is governed by its own terms, not ours. We identify the current provider on the Responsible AI page and update it when it changes; we do not warrant a third party's training practices.
• The output is generated text. It is informational, it can be wrong, and it is not financial, legal, tax, compliance, or employment advice. Do not use it as the sole basis for a decision about a person's pay or employment.
• Use is metered per role. Quotas are described on the Responsible AI page and may change as capacity and cost require.
• If you would prefer your dealership not to use the feature, tell us and we will disable it for your tenant.

9. Service Availability

We operate the Service as a hosted platform with monitoring and error reporting, and we work to keep it available at all times. We do not offer a contractual uptime commitment or a credit-backed service level agreement, and no availability figure stated anywhere on our website or in our marketing is a warranty. Section 5 of the Subscription Agreement governs availability and says the same thing. We may:

• Perform scheduled maintenance, with reasonable advance notice where practical
• Make emergency repairs or take security action without prior notice
• Modify, add, or discontinue features, giving reasonable notice of material reductions
• Rely on third-party sub-processors, listed in Section 8 of the Privacy Policy, whose incidents may affect availability

10. Suspension and Termination

Either party may terminate the subscription as follows:

• You may cancel your subscription at any time from your account settings; access continues until the end of the paid period
• We may suspend or terminate your account on reasonable notice for material breach of these Terms, non-payment, fraud, or serious risk to the platform or other users
• Upon termination, your right to access the Service ends and we may delete Customer Data in accordance with the Privacy Policy
• On request made within 30 days after termination, we will provide a reasonable export of Customer Data in a commonly used format
• Sections that by their nature should survive termination (including ownership, disclaimers, indemnification, limitation of liability, and governing law) will remain in effect

11. Customer Data, Security, and DMS Integrations

We treat Customer Data as confidential. Our Security page sets out the technical controls in detail and names the certifications we do not hold; the summary is that data travels over TLS, is encrypted at rest by our infrastructure providers, and is separated by tenant through database-level row security together with an audited allowlist governing which privileged database functions may be called at all — the previous version of this section described row-level security alone, which understated the second half of the control. You are responsible for the accuracy of Customer Data and for having the rights needed to upload it to the Service. If you enable the DMS sync paid add-on, you authorize us to use the credentials or tokens you provide to import deal and inventory data from your DMS on your behalf; you remain responsible for complying with your DMS provider's terms. White-glove concierge setup involves configuration assistance by our staff on your tenant under the same confidentiality obligations. Our administrators can also sign in as a user of your dealership to reproduce a reported fault; those sessions are time-limited and recorded in an audit log.

12. Financial Privacy — GLBA Safeguards

A dealership that arranges or facilitates vehicle financing is a financial institution under the Gramm-Leach-Bliley Act, and the deal records you process through the Service are your customer information under that Act. That makes us your service provider under the FTC Safeguards Rule, and we accept the obligations that come with it:

• We will maintain administrative, technical, and physical safeguards appropriate to the customer information we receive from you, as described on our Security page
• We will use customer information only to provide the Service to you and as your instructions and these Terms permit — never for our own marketing, never sold, never shared for cross-context behavioral advertising
• We will notify you without undue delay after becoming aware of a security event affecting your customer information, with the information you need to meet your own notification obligations
• We will impose materially equivalent obligations on any sub-processor that handles your customer information
• We will, on reasonable request, provide the information you need to satisfy your own Safeguards Rule oversight of us
• We deliberately do not collect the categories of customer information that carry the greatest risk — Social Security numbers, credit reports and scores, dates of birth, driver's licence numbers, complete account numbers, and financing terms — because the safest way to safeguard data is not to hold it. Section 3 of the Privacy Policy lists exactly what we do and do not hold.

13. Disclaimers

Except where prohibited by law, the Service is provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law we disclaim:

• All implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, or completely secure
• Any responsibility for third-party content, third-party services, or third-party DMS data accuracy
• Any representation that dashboards, analytics, or AI-generated recommendations constitute financial, legal, tax, compliance, or employment advice — they are informational tools that support, but do not replace, professional judgment
• Any warranty that a figure shown in the Service matches your DMS or your payroll; the Service is a reporting layer, and your DMS and your payroll records govern what is actually paid

14. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, or lost or corrupted data, even if advised of the possibility of such damages. Each party's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid us for the Service in the twelve months before the event giving rise to the claim or (b) one hundred US dollars (US$100). Nothing in these Terms limits liability for fraud, willful misconduct, or any other liability that cannot be limited under applicable law, and — for consumers in the European Economic Area, the United Kingdom, or Switzerland — your statutory rights are not affected.

15. Indemnification

You agree to defend, indemnify, and hold harmless The DAS Board LLC, its affiliates, officers, employees, and agents from any third-party claims, damages, liabilities, and reasonable costs (including legal fees) arising out of (a) your or your users' breach of these Terms, (b) Customer Data you submit, or (c) your use of the Service in violation of law or third-party rights. This Section 15 does not apply to consumers to the extent such indemnification is prohibited by mandatory consumer law.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware. Nothing in these Terms deprives a consumer in the European Economic Area, the United Kingdom, or Switzerland of protections under mandatory consumer law of their country of residence, and such consumers may also bring proceedings in, and rely on the laws of, that country.

17. Changes to These Terms

We may update these Terms to reflect changes to the Service, to our business, or to legal requirements. Every version carries the date it took effect, and the version you accepted at checkout is recorded against your subscription. For material changes we will give at least 30 days' advance notice by email or in-product notification. If you do not accept the updated Terms you may cancel your subscription before the effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

18. Additional Terms for Consumers in the EEA, UK, and Switzerland

The following additional terms apply only if you are using the Service as a consumer (that is, not for purposes related to your trade, business, craft, or profession) and you are located in the European Economic Area, the United Kingdom, or Switzerland:

• Right of withdrawal: You have the right to withdraw from the subscription within 14 days of entering into it, without giving any reason, by contacting legal@thedasboard.com; however, by starting to use the Service during that period you expressly request immediate performance and acknowledge that the right of withdrawal is lost once the Service has been fully performed
• Mandatory consumer rights: Nothing in these Terms limits your statutory rights under EU, UK, or Swiss consumer law, including rights relating to defective digital services
• Out-of-court dispute resolution: The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr; we are not obliged and do not commit to use alternative dispute resolution bodies
• Contract language: These Terms are provided in English; translations are for convenience only and the English version prevails in case of conflict

19. Entire Agreement, Language, and Miscellaneous

These Terms, together with the Privacy Policy, the Subscription Agreement, any order form or Data Processing Addendum you sign with us, and any plan-specific terms shown at checkout, constitute the entire agreement between you and The DAS Board LLC regarding the Service and supersede any prior agreements on the same subject. English is the governing language of this agreement and of every legal and trust document we publish: translations of any of them are provided for convenience only, some of our trust pages are published in English alone, and where a translation and the English text differ, the English text governs. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for failure or delay caused by events beyond its reasonable control (force majeure).

20. Contact Us

If you have questions about these Terms of Service, please contact us: