Terms of Service

These Terms of Service (“Terms”) govern your use of the Dealer1 Solutions web application and related services (the “Service”) operated by Dealer1 Solutions, operated by Shitenko Holdings Inc. (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access to your account
• Ensuring that all users added to your dealership have appropriate authorization

You may not share your account credentials with others or allow multiple people to use a single account. Each user must have their own account.

3. Subscription & Billing

The Service is offered on a subscription basis. By subscribing, you agree to pay the applicable fees for your selected plan. Key billing terms:

• Subscriptions are billed monthly and renew automatically
• Payment is processed through Stripe using the payment method on file
• You may upgrade or downgrade your plan at any time; changes are prorated
• Failed payments may result in temporary suspension of your account
• Prices are subject to change with 30 days' notice
• Refunds are not provided for partial months of service

4. Free Trial

We offer a 30-day free trial for new accounts. During the trial period, you have full access to all features of your selected plan. At the end of the trial, your payment method will be charged unless you cancel before the trial expires. You may cancel your trial at any time from your account settings.

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Upload malicious code, viruses, or harmful content
• Scrape, crawl, or automatically extract data from the Service
• Use the Service to store or transmit content that infringes on third-party rights
• Resell, sublicense, or redistribute the Service without our written consent

6. Data Ownership

You own your data. All vehicle information, customer data, estimates, schedules, and other operational data you enter into the Service remains your property. We do not claim ownership of your content.

You grant us a limited license to use your data solely for the purpose of providing the Service to you. This includes storing, processing, and displaying your data as necessary for the Service to function.

Upon termination of your account, you may request an export of your data within 30 days. After 30 days, we reserve the right to delete your data from our systems.

7. Intellectual Property

The Service, including its design, code, features, documentation, and branding, is the intellectual property of Dealer1 Solutions. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. You may not copy, modify, reverse-engineer, or create derivative works of the Service.

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Unexpected technical issues or infrastructure failures
• Third-party service outages
• Force majeure events

We are not liable for any losses or damages resulting from service interruptions.

9. Termination

You may cancel your subscription at any time from your account settings. Your access will continue until the end of your current billing period.

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use policy
• Your payment method fails and is not updated within a reasonable timeframe
• We reasonably believe your account is being used fraudulently
• We are required to do so by law

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALER1 SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims arising under these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim. The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied.

11. Indemnification

You agree to indemnify and hold harmless Shitenko Holdings Inc. (d/b/a Dealer1 Solutions), its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of competent jurisdiction located in the Province of Alberta, Canada.

13. Contact Us

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