MyDealerKPI LLC TERMS & CONDITIONS
Effective Date: January 1, 2026
Last Updated: January 1, 2026
These Terms & Conditions ("Terms") govern access to and use of the MyDealerKPI website, software applications, analytics platform, reports, data services, demonstrations, content, and related materials (collectively, the "Services") provided by MyDealerKPI LLC ("MyDealerKPI," "Company," "we," "us," or "our").
By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
Scope of These Terms
These Terms apply to all users, including but not limited to:
- Website visitors
- Prospective customers
- Dealership personnel
- Authorized users of the platform
- Contractors or agents acting on behalf of a dealership
These Terms establish the baseline conditions for use of MyDealerKPI. Access to production services is subject to additional contractual requirements.
No Services Without a Written Agreement
Access to MyDealerKPI's analytics platform, data integrations, reports, or production services is strictly conditioned upon execution of a separate written Master Services Agreement ("MSA") with MyDealerKPI.
Nothing on the website, in these Terms, or in any demonstration, sample report, or communication shall be deemed to:
- Create a customer relationship
- Grant access to production systems
- Create an obligation to provide services
- Modify or replace a written agreement
Only a fully executed MSA authorizes live services.
Contractual Hierarchy
If an MSA exists, the governing order of documents is:
- Executed Master Services Agreement
- Applicable Order Form(s)
- Data Processing Addendum (if applicable)
- These Terms & Conditions
In the event of a conflict, the MSA controls.
Website Use
The MyDealerKPI website is provided for informational and marketing purposes only.
Website content:
- May describe general features or concepts
- May include sample visuals or report examples
- Is not guaranteed to be current or complete
The website does not provide legal, accounting, financial, regulatory, or compliance advice and should not be relied upon as such.
Platform Access and Authorized Users
Platform access is limited to Authorized Users designated by a dealership or dealer group under an executed MSA.
Authorized Users:
- Must use unique login credentials
- May access only data and locations expressly authorized
- Must comply with dealership policies and applicable law
Dealerships are solely responsible for:
- User access management
- Credential security
- Actions taken under their accounts
Credential sharing or unauthorized access is prohibited.
License Grant
Subject to these Terms and any executed MSA, MyDealerKPI grants a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for internal dealership business purposes.
No ownership rights are transferred.
All rights not expressly granted are reserved by MyDealerKPI.
Data Ownership and Processing
Dealerships retain all right, title, and interest in their data, including data originating from Dealer Management Systems ("DMS"), OEM systems, and third-party sources.
MyDealerKPI:
- Acts solely as a data processor / service provider
- Processes data only as authorized by the dealership
- Does not sell, license, or monetize dealership data
Source System Dependency
The Services rely on data from external systems outside MyDealerKPI's control, including DMS providers, OEM feeds, lenders, and third-party vendors.
Accordingly, MyDealerKPI:
- Does not control source data accuracy or timing
- Is not responsible for errors originating from source systems
- Does not guarantee completeness or correctness of upstream data
No System of Record / No Reliance
The Services are analytics and decision-support tools only.
They:
- Are not a system of record
- Do not replace the DMS or accounting system
- Do not provide audit assurance
- Do not certify financial accuracy or compliance
Final accounting, compliance, and business decisions remain the sole responsibility of the dealership.
Prohibited Use
Users may not:
- Reverse engineer, decompile, or copy the Services
- Circumvent security or access controls
- Export data outside authorized workflows
- Use the Services to develop competing products
- Introduce malware, scraping tools, or automation
Violations may result in immediate suspension or termination.
Security and SOC-2 Alignment
MyDealerKPI maintains administrative, technical, and physical safeguards aligned with SOC-2 Trust Services Criteria, including:
- Role-based access controls
- Encryption in transit and at rest
- Logging and monitoring
- Incident response procedures
- Vendor risk management
No system can be guaranteed to be completely secure.
Security Incidents
In the event of a confirmed security incident involving dealership data, MyDealerKPI will investigate, mitigate, and notify affected parties as required by applicable law and contractual obligations.
Insurance
MyDealerKPI maintains commercially reasonable insurance customary for automotive SaaS providers, which may include:
- Cyber Liability Insurance
- Technology Errors & Omissions Insurance
- Commercial General Liability Insurance
Coverage details are available upon reasonable request.
Indemnification
By MyDealerKPI
MyDealerKPI will indemnify customers against third-party claims alleging that the Services infringe a third-party intellectual property right.
By Customer
Customers agree to indemnify MyDealerKPI against claims arising from:
- Customer data
- Authorized user actions
- Misuse of the Services
- Violations of law or regulation
MyDealerKPI has no indemnification obligation for issues originating from source systems or customer configurations.
Limitation of Liability
To the maximum extent permitted by law:
- MyDealerKPI shall not be liable for indirect, incidental, or consequential damages
- MyDealerKPI shall not be liable for lost profits or business interruption
- Aggregate liability is limited as set forth in the MSA, if applicable
Regulatory Compliance
Where applicable:
- California (CCPA/CPRA): MyDealerKPI acts as a Service Provider
- GDPR: MyDealerKPI acts as a Data Processor
- GLBA: MyDealerKPI supports Safeguards Rule obligations
Suspension and Termination
MyDealerKPI may suspend or terminate access for violations of these Terms, security concerns, or expiration or termination of an MSA.
Governing Law
These Terms are governed by the laws specified in the applicable MSA, or if no MSA exists, the laws of the State of Florida. MyDealerKPI LLC. Contact Information:
801 International Parkway. Lake Mary, Florida 32746 - legal@mydealerkpi.com