Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) govern access to and use of Dealership Chat (the “Service”), provided by PixelMotion (“PixelMotion”, “we”, “us”). The Service is a business communication platform for auto dealerships, including a web dashboard, mobile application, website chat widget, and SMS, email, and video channels.

By using the Service you agree to these Terms. If you use the Service on behalf of a dealership or other organization, you represent that you have authority to bind that organization, and “you” refers to both you and the organization. If your organization has a separate written agreement with PixelMotion, that agreement controls where it conflicts with these Terms.

2. Accounts

Staff accounts are created and managed by your organization’s administrator. You must be at least 18 years old to use the Service. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at support@pixelmotion.com if you suspect unauthorized use of your account.

3. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose, or to send content that is abusive, harassing, defamatory, or infringes the rights of others.
• Send spam, unsolicited marketing, or any message that violates anti-spam or telemarketing laws.
• Attempt to access data belonging to another dealership or another user, or probe, scan, or test the vulnerability of the Service without authorization.
• Interfere with or disrupt the Service, or attempt to reverse engineer, decompile, or copy it.
• Use the Service to collect information about children under 16.

We may suspend or terminate access for violations of this section.

4. Customer communications and consent (important)

The Service provides tools for communicating with your customers, including text messaging. Your organization is solely responsible for complying with all laws that apply to its communications, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, carrier requirements, and similar state and local laws. This includes:

• Obtaining any legally required consent before sending marketing or promotional messages.
• Honoring opt-out requests promptly.
• Ensuring the content of your messages is accurate and lawful.

The Service records opt-in and opt-out events and honors STOP keywords as a convenience, but these features do not constitute legal advice and do not guarantee your compliance.

5. Your data

As between you and PixelMotion, your organization owns the customer data it collects through the Service (contact information, conversations, and related records). You grant us the rights needed to host, process, transmit, and display that data to provide the Service. We handle personal information as described in our Privacy Policy and any data processing agreement between us. You are responsible for the accuracy and lawfulness of the data you and your customers submit.

6. Third-party services

The Service relies on third-party providers (such as Twilio for SMS and video, Expo for push notifications, and cloud hosting providers) and is distributed through app stores subject to their own terms. We are not responsible for third-party services, and their availability may affect features of the Service.

7. Intellectual property

The Service, including its software, design, and branding, is owned by PixelMotion and protected by intellectual property laws. These Terms do not grant you any rights other than the limited right to use the Service. If you send us feedback or suggestions, we may use them without obligation to you.

8. Availability and changes to the Service

We work to keep the Service available and reliable, but it is provided on an “as is” and “as available” basis. We may modify, add, or remove features, and we may suspend the Service for maintenance. We will make reasonable efforts to notify administrators of material changes.

9. Disclaimers

To the maximum extent permitted by law, PixelMotion disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that messages will be delivered without delay or failure.

10. Limitation of liability

To the maximum extent permitted by law, PixelMotion will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or related to the Service. Our total liability for all claims arising out of or related to the Service will not exceed the amounts paid by your organization to PixelMotion for the Service in the twelve (12) months before the event giving rise to the claim.

11. Indemnification

Your organization will defend and indemnify PixelMotion against claims arising from (a) your organization’s customer communications, including claims under telemarketing or anti-spam laws; (b) data your organization or its customers submit to the Service; or (c) use of the Service in violation of these Terms or applicable law.

12. Termination

Your organization may stop using the Service at any time. We may suspend or terminate access for material breach of these Terms that is not cured after notice, or immediately for violations of Section 3 or 4. Upon termination, your organization may request an export of its data within 30 days, after which we will delete it as described in our Privacy Policy, except where retention is required by law.

13. Governing law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. Disputes will be resolved in the courts located in Orange County, California, and each party consents to their jurisdiction.

14. Changes to these terms

We may update these Terms from time to time. We will post the updated version on this page and update the effective date above; for material changes we will notify administrators. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Contact us

Pixel Motion, Inc.
19600 Fairchild Ste 360, Irvine, CA 92612-2519, USA
support@pixelmotion.com