Terms of Service

Acceptance of Terms

By accessing, registering for, or using the ReferralTrace platform in any capacity, dealerships, authorized users, finance managers, general managers, dealer principals, and any other personnel agree to be fully bound by these Terms of Service and all applicable laws and regulations.

If you are entering into this agreement on behalf of a dealership or auto group, you represent and warrant that you have the authority to bind that entity to these terms.

Platform Purpose

ReferralTrace provides dealership marketing attribution, customer survey, reporting, and analytics tools designed to help dealerships understand customer-confirmed advertising sources, track gross profit by source, and improve marketing and operational decision-making.

ReferralTrace is a software-as-a-service (SaaS) platform. Subscribers receive access to the platform on a subscription basis and do not acquire ownership of any software, code, algorithms, reporting systems, or intellectual property underlying the platform.

Authorized Use

ReferralTrace may only be used by authorized dealership personnel and approved users associated with an active, paid subscription account.

• Users are solely responsible for maintaining the confidentiality and security of their login credentials
• Login credentials must not be shared with unauthorized individuals inside or outside the dealership
• Users may not attempt to gain unauthorized access to any ReferralTrace systems, accounts, servers, or data
• Users may not reverse engineer, decompile, scrape, copy, or reproduce any portion of the ReferralTrace platform
• Users may not use the platform for any unlawful, fraudulent, or harmful purpose
• Users may not misuse, manipulate, or falsify reporting, survey, or customer information entered into the platform
• Users may not resell, sublicense, or transfer access to the platform to any third party without written consent from ReferralTrace

ReferralTrace reserves the right to suspend or permanently terminate any account found to be in violation of these authorized use provisions without prior notice and without liability.

Subscription and Payment

Access to ReferralTrace is provided on a monthly subscription basis. Subscription fees are billed on a recurring monthly cycle based on the plan selected at the time of enrollment.

• Subscription fees are due at the beginning of each billing period
• Failure to pay subscription fees may result in suspension or termination of platform access
• ReferralTrace reserves the right to modify subscription pricing with reasonable advance notice to active subscribers
• Continued use of the platform following a pricing change constitutes acceptance of the new pricing
• All fees are non-refundable except where required by applicable law

Data Ownership and Separation

ReferralTrace recognizes a clear distinction between two categories of data collected and processed through the platform:

Dealerships acknowledge and agree that platform-generated attribution data, analytics, and reporting outputs are part of the ReferralTrace service and are not transferable, exportable, or claimable upon cancellation or termination of the subscription.

Cancellation and Data Purge

Either party may cancel a ReferralTrace subscription at any time by providing written notice through the ReferralTrace support or contact channels.

• Upon cancellation, platform access will remain active through the end of the current paid billing period
• No partial refunds will be issued for unused portions of a billing period
• Following the end of the final billing period, all access to the platform will be permanently terminated
• Within thirty (30) days of access termination, all data associated with the account — including dealership operational data and platform-generated attribution data — will be permanently and irreversibly purged from ReferralTrace systems
• ReferralTrace shall have no obligation to retain, provide, or restore any data following account termination
• Reactivation of a previously cancelled account will result in a fresh account with no historical data restored

Customer Data and Privacy

Dealerships are solely responsible for ensuring that the collection of customer survey responses through the ReferralTrace platform complies with all applicable federal, state, and local privacy laws, dealership policies, and customer consent requirements.

ReferralTrace processes customer survey information solely for the purpose of generating dealership attribution reporting and analytics. ReferralTrace does not sell, share, rent, or distribute customer information to any third party for marketing or commercial purposes.

Security and Data Breach

ReferralTrace implements commercially reasonable technical and administrative security measures to protect platform data against unauthorized access, disclosure, alteration, or destruction.

However, no system, network, or software platform can guarantee absolute security. ReferralTrace does not warrant or represent that the platform is immune to cyberattacks, unauthorized access, data breaches, or other security incidents.

• In the event of a confirmed data breach that materially affects dealership or customer data stored within ReferralTrace systems, ReferralTrace will make reasonable efforts to notify affected subscribers in a timely manner
• Dealerships are responsible for maintaining secure access credentials and promptly reporting any suspected unauthorized account access to ReferralTrace
• ReferralTrace shall not be liable for any damages, losses, or liabilities arising from unauthorized third-party access to platform data resulting from dealership negligence, credential compromise, or actions outside of ReferralTrace's reasonable control

Communications

Dealerships using ReferralTrace may send customer communications related to dealership transactions, surveys, or customer experience follow-up activities initiated through the platform.

Dealerships are solely responsible for ensuring all customer communications comply with applicable laws including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state privacy regulations, carrier requirements, and dealership policies.

ReferralTrace shall not be held liable for any regulatory violations, fines, penalties, or claims arising from dealership-initiated communications.

Availability of Service

ReferralTrace works to maintain reliable platform availability but does not guarantee uninterrupted, error-free, or continuous access to the platform at all times.

Scheduled maintenance, software updates, hosting provider outages, internet disruptions, third-party service failures, or circumstances beyond ReferralTrace's control may result in temporary platform unavailability.

ReferralTrace shall not be liable for any losses, damages, or business interruptions resulting from platform downtime or unavailability, regardless of cause.

Limitation of Liability

ReferralTrace is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by applicable law, ReferralTrace, its owners, officers, employees, contractors, and agents shall not be liable for any:

• Indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss of revenue, profits, business opportunities, or goodwill
• Loss or corruption of data
• Business interruption or operational losses
• Damages resulting from platform usage, reporting interpretation, marketing decisions made based on platform data, communication delivery failures, or data interruptions
• Damages resulting from unauthorized access to platform accounts or data caused by dealership negligence or credential compromise

Indemnification

Dealerships and authorized users agree to indemnify, defend, and hold harmless ReferralTrace and its owners, officers, employees, contractors, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• The dealership's use or misuse of the ReferralTrace platform
• Violation of these Terms of Service by the dealership or any authorized user
• Any customer communications sent by the dealership through or in connection with the platform
• The dealership's violation of any applicable law, regulation, or third-party right
• Any gross profit, marketing, or operational decisions made by the dealership based on platform data or reporting

Third-Party Services

ReferralTrace may integrate with or rely upon third-party providers including but not limited to hosting providers, email services, mapping services, analytics tools, telecommunications providers, and APIs.

ReferralTrace is not responsible for outages, data losses, filtering, delays, security incidents, or service limitations caused by third-party providers. Dealerships acknowledge that third-party service disruptions may affect platform availability or functionality and agree that ReferralTrace bears no liability for such disruptions.

Intellectual Property

All ReferralTrace software, source code, algorithms, branding, logos, website content, reporting systems, survey methodology, dashboard designs, and related materials are the exclusive intellectual property of ReferralTrace and are protected by applicable copyright, trademark, trade secret, and intellectual property laws.

Subscribing dealerships are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely for internal business purposes during the active subscription period.

• Unauthorized copying, reproduction, resale, sublicensing, reverse engineering, or redistribution of any ReferralTrace platform materials is strictly prohibited
• Screenshots, exports, or reproductions of platform reports may not be shared publicly or used in competitive analysis without written consent from ReferralTrace
• Termination or cancellation of a subscription immediately revokes all platform access and usage rights

Governing Law and Disputes

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the state in which ReferralTrace operates, without regard to conflict of law principles.

Any disputes arising under or related to these Terms of Service shall first be attempted to be resolved through good-faith negotiation between the parties. If resolution cannot be reached, disputes shall be submitted to binding arbitration in accordance with applicable arbitration rules.

Dealerships waive any right to participate in class action lawsuits or class-wide arbitration against ReferralTrace.

Changes to Terms

ReferralTrace reserves the right to update, modify, or replace these Terms of Service at any time to reflect operational, legal, regulatory, or platform changes.

Material changes will be communicated to active subscribers through the platform or via the contact information on file. Continued use of the platform following notification of updated terms constitutes full acceptance of the revised Terms of Service.

Dealerships are encouraged to review these Terms of Service periodically. The most current version will always be available at the ReferralTrace website.

Contact

Questions, concerns, or notices regarding these Terms of Service may be directed through the contact information available on the ReferralTrace website at referraltrace.com.

For cancellation requests, account disputes, or legal notices, written communication through the ReferralTrace contact page is required to ensure proper documentation and response.