Terms of Service

These Terms of Service, together with our Privacy Policy, Cookie Policy, and any other policies or guidelines we post (collectively, the “Terms”), form a legally binding agreement between you (“you,” “user,” “buyer,” or “dealer”) and AutoMatcher, together with its affiliates, officers, directors, employees, contractors, agents, and licensors (collectively, “AutoMatcher,” “we,” “us,” or “our”), governing your access to and use of the AutoMatcher website at automatcher.co, any subdomains, mobile applications, APIs, and related services (collectively, the “Platform”).

By creating an account, clicking “I agree,” accessing any portion of the Platform, or otherwise using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

If you are entering into these Terms on behalf of a company, dealership, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms, in which case “you” will refer to that entity.

“Buyer” means any user who submits a vehicle request or otherwise uses the Platform to explore, evaluate, or pursue the purchase, lease, or financing of a vehicle.

“Dealer” means any user who registers as a seller of vehicles, typically a licensed automobile dealership or its authorized representatives, and who uses the Platform to list inventory or submit offers.

“Request” means a buyer-submitted description of a vehicle the buyer is seeking, including specifications, preferences, and budget.

“Offer” means any proposal submitted by a Dealer in response to a Request, including pricing, availability, financing terms, and vehicle details.

“User Content” means any text, images, data, or other materials that users submit to, post on, or transmit through the Platform.

“Transaction” means any purchase, sale, lease, trade, or financing arrangement between a Buyer and a Dealer, whether initiated, facilitated, or discussed through the Platform or otherwise.

You may use the Platform only if you: (a) are at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher); (b) have the legal capacity to form a binding contract with AutoMatcher; (c) are not barred from receiving services under applicable United States or other laws (including sanctions, export-control, or anti-terrorism laws); and (d) have not been previously suspended or removed from the Platform by AutoMatcher.

Dealers further represent and warrant that they hold, and will continue to hold in good standing throughout their use of the Platform, all licenses, registrations, bonds, and permits required by applicable federal, state, and local law to offer, advertise, sell, lease, broker, or finance the vehicles they list.

AutoMatcher may, at its sole discretion, refuse service, close accounts, or deny registration to any person or entity for any reason not prohibited by law.

To access certain features, you must register an account and provide information that is current, complete, and accurate. You agree to promptly update your information to keep it accurate at all times.

You are solely responsible for (a) safeguarding your password and other credentials, (b) restricting access to your device and account, and (c) all activities that occur under your account, whether or not authorized by you. You agree to notify AutoMatcher immediately of any unauthorized access or security breach.

AutoMatcher is not liable for any loss, damage, or liability arising from your failure to maintain the security of your account. We may, but are not required to, verify the identity or credentials of any user, including through third-party verification services. Verification, if performed, does not constitute an endorsement or guarantee by AutoMatcher.

AutoMatcher is a neutral technology platform that enables Buyers and Dealers to communicate with one another. AutoMatcher is not a car dealer, broker, auctioneer, lender, lessor, insurer, title agent, escrow agent, inspector, mechanic, transporter, or party to any Transaction. All Transactions are conducted directly and exclusively between the Buyer and the Dealer.

We do not own, inspect, appraise, certify, warrant, insure, transport, or take possession of any vehicle listed or offered through the Platform. We do not set vehicle prices, determine financing terms, or participate in negotiations between Buyers and Dealers.

We do not independently verify and do not guarantee the accuracy, completeness, legality, safety, quality, title, condition, history, mileage, or roadworthiness of any vehicle, or the identity, licensing, solvency, honesty, or trustworthiness of any user. Any verification badge, rating, match score, or similar indicator is provided for convenience only and is not a guarantee.

You agree that you are solely responsible for evaluating any user, vehicle, listing, offer, or Transaction, and for performing your own independent due diligence (including independent inspection, title and lien checks, vehicle history reports, test drives, and verification of all representations) before entering into any Transaction.

By using the Platform as a Buyer, you agree to:

• Submit Requests that reflect genuine purchase, lease, or financing intent
• Provide accurate and truthful information about your budget, location, preferences, and any trade-in vehicle
• Respond to Dealer Offers in good faith and communicate professionally
• Not use the Platform to collect pricing intelligence or dealer information without bona fide intent to transact
• Independently verify the condition, title, history, and all representations regarding any vehicle before completing any Transaction
• Comply with all applicable laws, including laws regarding consumer financing, insurance, registration, and taxation, in connection with any Transaction
• Acknowledge that AutoMatcher has no responsibility for the outcome, performance, or satisfaction of any Transaction

By using the Platform as a Dealer, you represent, warrant, and agree to:

• Hold and maintain all required dealer licenses, surety bonds, sales tax permits, and registrations in good standing, and to provide documentation upon request
• Comply at all times with applicable federal, state, and local laws, including (without limitation) the FTC Act, the FTC CARS Rule, the Truth in Lending Act, the Equal Credit Opportunity Act, the Magnuson-Moss Warranty Act, the Used Car Rule, Gramm-Leach-Bliley, state dealer advertising and lemon laws, and all motor-vehicle title, emissions, and odometer regulations
• Submit only truthful, non-deceptive, and substantiated Offers, inventory listings, photos, pricing, and disclosures, and correct any inaccuracies promptly
• Offer only vehicles that you currently own or can legally and verifiably obtain, with clear title unless clearly disclosed otherwise
• Honor accepted Offers consistent with their disclosed terms and refrain from bait-and-switch, hidden fees, yo-yo financing, dealer add-ons without consent, or any deceptive or unfair practices
• Use Buyer information only for the purpose of the specific Transaction and in compliance with the Privacy Policy and applicable privacy laws; not resell, rent, scrape, or repurpose Buyer data for marketing without explicit opt-in consent
• Maintain appropriate commercial insurance, including garage liability and dealer open-lot coverage as required by your jurisdiction
• Indemnify AutoMatcher for any claims arising out of your vehicles, your business practices, or your failure to comply with law (as further described in Section 17)

AutoMatcher may, at any time and without notice, remove listings, suspend Offers, or terminate a Dealer's account for suspected non-compliance with these obligations or applicable law.

Submitting Requests is currently free for Buyers. Dealers may be required to pay subscription fees, per-lead fees, listing fees, or other charges in order to access certain features (collectively, “Fees”). Applicable Fees, billing intervals, and cancellation terms will be disclosed at the time of enrollment.

By providing a payment method, you authorize AutoMatcher (or its third-party payment processor) to charge all Fees and applicable taxes to that payment method on a recurring basis until you cancel. You are responsible for keeping your payment information current. Failed or reversed payments may result in suspension or termination of your account.

Except where expressly required by law, all Fees are non-refundable. Chargebacks or payment disputes filed in bad faith may, without limiting our other remedies, result in account termination and collection of amounts owed, together with reasonable attorneys' fees and costs.

AutoMatcher may change Fees from time to time on at least thirty (30) days' notice. Your continued use of paid features after the effective date of a price change constitutes acceptance of the new Fees.

You retain ownership of User Content you submit. However, by submitting User Content to the Platform, you grant AutoMatcher a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, translate, publish, publicly display, publicly perform, distribute, and create derivative works from your User Content, in any media now known or hereafter developed, for the purposes of operating, providing, improving, marketing, and promoting the Platform and AutoMatcher's business.

You represent and warrant that (a) you own or have all necessary rights to your User Content and to grant the license above; (b) your User Content is accurate and not misleading; and (c) your User Content does not and will not violate any law or infringe or misappropriate any third party's intellectual property, privacy, publicity, or other rights.

AutoMatcher may, in its sole discretion, review, refuse, remove, or disable access to any User Content at any time, without notice, for any reason or no reason. You are solely responsible for your User Content and the consequences of submitting it.

In addition to the obligations above, you agree that you will not, and will not attempt to, do any of the following:

• Violate any applicable law, regulation, court order, or third-party right
• Post or transmit false, misleading, fraudulent, defamatory, obscene, harassing, discriminatory, or unlawful content
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Harvest, scrape, crawl, data-mine, or otherwise collect information from the Platform using automated means, or reverse engineer any part of the Platform
• Introduce malware, viruses, worms, or any other malicious code; probe, scan, or test the vulnerability of the Platform; or bypass any security, authentication, or rate-limiting feature
• Interfere with, disrupt, overload, or impair the Platform, its servers, or networks
• Use the Platform to send unsolicited marketing, spam, chain letters, pyramid schemes, or other unauthorized promotional material, including outside of a legitimate Transaction context
• Contact users off-platform to solicit business unrelated to their original Request or Offer, or to circumvent Platform fees
• Create multiple, false, or duplicate accounts, or sell, transfer, or share your account with any third party
• Use the Platform in a manner that could damage, disable, overburden, or impair AutoMatcher or interfere with any other party's use of the Platform

Violations may result in, without limitation, content removal, account suspension or permanent termination, forfeiture of pre-paid Fees, referral to law enforcement, and civil or criminal liability. We reserve all rights and remedies available at law or in equity.

The Platform, including all software, source code, databases, designs, layouts, text, graphics, logos, icons, trademarks, service marks, trade dress, and the “AutoMatcher” name, and all selection, arrangement, and enhancement thereof, is owned by AutoMatcher or its licensors and is protected by intellectual-property laws in the United States and abroad. All rights not expressly granted to you are reserved.

Subject to your compliance with these Terms, AutoMatcher grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for its intended purpose. You may not copy, modify, create derivative works of, distribute, sell, license, lease, rent, frame, mirror, reverse engineer, decompile, or disassemble any part of the Platform, except as expressly permitted in writing by AutoMatcher or required by applicable law.

If you provide AutoMatcher with any ideas, suggestions, or feedback regarding the Platform, you assign to AutoMatcher all rights in that feedback, and AutoMatcher may use it without restriction or compensation to you.

AutoMatcher respects the intellectual-property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that material on the Platform infringes your copyright, please send a written notice to our designated agent containing the information required by 17 U.S.C. § 512(c)(3), including: (a) a physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights holder.

DMCA notices may be sent to our designated agent at legal@automatcher.co. We may, in appropriate circumstances and at our discretion, terminate the accounts of users who are repeat infringers.

The Platform may contain links to, or integrate with, third-party websites, applications, financing partners, vehicle history report providers, payment processors, mapping services, and other external resources (collectively, “Third-Party Services”). Such Third-Party Services are not owned or controlled by AutoMatcher.

AutoMatcher does not endorse and is not responsible for the content, products, services, accuracy, privacy practices, or policies of any Third-Party Service. Your use of any Third-Party Service is at your own risk and subject to that third party's own terms and privacy policy. Any dealings between you and a third party are solely between you and that third party.

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform you consent to such collection and use.

You consent to receive communications from AutoMatcher electronically, including emails, in-app notifications, and, where you have opted in, SMS or push notifications. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. You may opt out of non-transactional communications at any time as described in the Privacy Policy, but you cannot opt out of essential account, security, or transactional notices while your account remains active.

You agree to defend, indemnify, and hold harmless AutoMatcher and its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with:

• Your access to, use of, or misuse of the Platform
• Your breach or alleged breach of these Terms or any representation, warranty, or covenant herein
• Your violation of any law, regulation, or third-party right (including intellectual property, privacy, and consumer protection rights)
• Any User Content you submit, post, or transmit
• Any vehicle you list, sell, buy, lease, finance, or otherwise deal in, including any warranty, recall, title, safety, odometer, or emissions claim
• Any Transaction or dispute between you and any other user, third party, taxing authority, or regulator
• Any negligent, willful, or fraudulent act or omission by you or your employees, agents, or contractors

AutoMatcher reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense. You will not settle any claim that affects the Indemnified Parties without our prior written consent.

These Terms and any Dispute are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. For any matters not subject to arbitration under Section 18, the parties submit to the exclusive jurisdiction of the state and federal courts located in the State of California, and waive any objection to venue or forum non conveniens.

If you access the Platform from outside the United States, you are responsible for compliance with local law and acknowledge that the Platform is hosted in, and subject to the laws of, the United States.

You may terminate your account at any time by following the in-app instructions or contacting support. Any Fees already paid are non-refundable except where required by law.

AutoMatcher may, without liability and in its sole discretion, suspend or terminate your access to the Platform, delete your account, and remove your User Content, at any time and for any reason, including, without limitation, if we believe you have violated these Terms or created risk or legal exposure for AutoMatcher.

Upon termination, your right to access and use the Platform ceases immediately. All provisions that by their nature should survive termination will survive, including (without limitation) Sections 9 (User Content license), 11 (IP), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18 (Arbitration), 19 (Governing Law), and 22 (General).

We may revise these Terms at any time by posting an updated version on the Platform and updating the “Last updated” date above. Material changes will be communicated via email to your registered address or through a prominent notice on the Platform at least thirty (30) days before they take effect, unless a shorter period is required by law or necessary for security or legal-compliance reasons.

Your continued access to or use of the Platform after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and close your account.

Entire agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and AutoMatcher regarding the Platform and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the parties.

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent, and any attempted assignment without consent is void. AutoMatcher may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. AutoMatcher will not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, strikes, labor disputes, power or telecommunications failures, cyberattacks, pandemics, or government actions.

Relationship of the parties. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and AutoMatcher.

Notices. We may give notice to you by email, in-app notification, or posting on the Platform. You may give notice to us at legal@automatcher.co.

Headings. Section titles are for convenience only and have no legal or contractual effect.

If you have questions about these Terms, please contact us at legal@automatcher.co or via our contact form.