1. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use the Services. By using the Services on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.

2. Services Overview

RealDealerAI provides business automation tools, AI chatbots, voice agents, marketing integrations, and social media content generation and publishing services for businesses and dealerships. We may update, modify, add, suspend, or discontinue any Service at any time.

3. Accounts

3.1 Account Creation

To use MyPost Social, DealerPost Social, or other Services that require an account, you must register using accurate and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3.2 Account Security

Notify us immediately at [email protected]t if you suspect unauthorized access to your account. We are not liable for losses resulting from unauthorized use of your account that could have been prevented by standard security practices.

4. User Content

4.1 Definition

"User Content" means any content you submit to the Services, including business or dealership profile information, customer reviews, knowledge base entries, special offers, images, logos, URLs, vehicle inventory data, customer photos uploaded for sold or delivery posts, and any other material you upload or input.

4.2 License Grant

You retain ownership of your User Content. By submitting User Content, you grant RealDealerAI a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, transmit, and display your User Content solely for the purpose of operating and providing the Services to you, including transmitting it to the third-party AI and publishing platforms identified in our Privacy Policy.

4.3 Your Representations

You represent and warrant that: • You own or have the necessary rights to all User Content you submit • Your User Content does not infringe any third party's intellectual property, privacy, or other rights • Your User Content is accurate (including reviews, business claims, statements about your services, and vehicle inventory data) • Your User Content does not violate any law or these Terms

4.4 Reviews

If you upload customer reviews, you represent that the reviews are genuine, that you have the right to use them, and that you have complied with all applicable consumer protection and disclosure laws (including FTC guidelines on endorsements and testimonials)

5. AI-Generated Content

5.1 How It Works

The Services use third-party artificial intelligence providers (including Anthropic's Claude and Replicate's image models) to generate post copy, captions, and images based on the User Content and inputs you provide. AI-generated content is produced algorithmically and may contain errors, inaccuracies, or fabricated details.

5.2 Your Responsibility to Review

You are solely responsible for reviewing all AI-generated content before publishing, sharing, or distributing it. By using the Services, you acknowledge that:

• AI output may be inaccurate, misleading, or unsuitable for your business

• AI output does not constitute advice of any kind

• RealDealerAI does not guarantee the accuracy, reliability, or appropriateness of AI-generated content

• You are responsible for any content published through your connected social media accounts, whether you reviewed it or not

5.3 No Liability for AI Output

RealDealerAI is not liable for any consequences arising from AI-generated content you publish, including but not limited to claims of false advertising, defamation, intellectual property infringement, consumer complaints, regulatory action, or loss of reputation.

6. Connected Social Media Accounts

6.1 Authorization

By connecting a third-party social media account (such as a Facebook Page or LinkedIn account) to MyPost Social or DealerPost Social, you authorize RealDealerAI to access and use that account on your behalf solely to perform the actions you request, including publishing posts and retrieving basic account metadata.

6.2 Compliance with Platform Terms

You are solely responsible for complying with the terms of service, community standards, and policies of each social media platform you connect (including Meta/Facebook and LinkedIn). You represent that you have authority to post on any connected account.

6.3 No Responsibility for Platform Actions

RealDealerAI is not responsible for:

• Suspension, restriction, or termination of your social media accounts by the applicable platform

• Rejection, removal, or reduced reach of posts by the platform

• Changes to platform APIs or features that affect the Services

• Downtime or availability of third-party platforms

7. Payment Terms

For paid services or subscription plans:

• All fees are stated in USD.

• Payments are non-refundable unless otherwise specified in a written agreement.

• We may suspend or terminate services for non-payment or policy violations.

8. Intellectual Property

All content, trademarks, logos, software, and materials on realdealerai.net are the property of RealDealerAI.
You may not copy, reproduce, distribute, or modify any material without written authorization.

9. Limitation of Liability

RealDealerAI is not liable for:

• Any indirect, incidental, or consequential damages.

• Business loss, downtime, or data loss caused by technical errors or third-party integrations.

• Use of our services is at your own risk.

6.4 Revoking Access

You may disconnect a connected account at any time from within the Service or by revoking access through the applicable platform. Disconnection immediately ends our ability to post on your behalf.

7. Acceptable Use

You agree not to use the Services to:

• Create, generate, or publish content that is false, misleading, deceptive, defamatory, fraudulent, or illegal

• Impersonate any person, business, or entity, or misrepresent your affiliation with any person or entity

• Post to social media accounts you do not own or have explicit authority to manage

• Create content that constitutes hate speech, harassment, threats, incites violence, or discriminates based on protected characteristics

• Create sexually explicit or adult content

• Violate intellectual property rights, including copyrights, trademarks, and rights of publicity

• Generate content about identifiable real people without their consent

• Engage in spam, bulk unsolicited messaging, or mass-posting schemes

• Attempt to circumvent platform rate limits, account suspensions, or automated content moderation on connected platforms

• Reverse engineer, decompile, or attempt to extract source code or training data from the Services

• Use the Services to compete with, clone, or benchmark RealDealerAI

• Violate the terms of any connected third-party platform, including Meta and LinkedIn platform policies

• Use automated means (bots, scrapers) to access the Services except through APIs we expressly authorize

Violation of this section is grounds for immediate suspension or termination of your account

8. A2P Messaging & Email Marketing Compliance

RealDealerAI complies with the A2P 10DLC rules for SMS marketing and the CAN-SPAM Act for email marketing. By providing your phone number or email, you consent to receive updates and marketing messages. You may opt out at any time by replying "STOP" to text messages, clicking "Unsubscribe" in emails, or contacting [email protected]. We do not send unsolicited marketing messages or share contact data without consent.

9. Subscription, Fees & Billing

9.1 Fees

Certain Services require a paid subscription. Current pricing and plan details are available on our website or within the application. All fees are stated and charged in U.S. dollars.

9.2 Billing Cycle and Auto-Renewal

Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). Unless you cancel before the end of the current billing period, your subscription will automatically renew at the then-current rate.

9.3 Usage Limits

Plans may include usage limits (such as a monthly cap on AI generations, posts, or connected accounts). Exceeding those limits may result in additional charges or temporary service restrictions, as described in the applicable plan.

9.4 Cancellation

You may cancel your subscription at any time from within the application or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law or expressly stated otherwise

9.5 Price Changes

We may change subscription prices. We will provide at least 30 days' notice before any price change takes effect, and the new price will apply at your next renewal.

9.6 Non-Payment

We may suspend or terminate your account for non-payment.

10. Intellectual Property

10.1 RealDealerAI Property

All software, content, trademarks, logos, and materials comprising the Services (excluding User Content and AI-generated content produced for you) are the property of RealDealerAI or its licensors. You may not copy, reproduce, distribute, modify, create derivative works from, reverse engineer, or exploit any of our materials without our prior written permission.

10.2 Feedback

If you submit ideas, suggestions, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation.

10.3 Generated Content Ownership

As between you and RealDealerAI, you own the AI-generated content produced for your account through the Services, subject to the terms of the underlying AI providers. You are responsible for ensuring your use of AI-generated content complies with applicable law.

11. Third-Party Services

The Services integrate with third-party services, including Anthropic, Replicate, Jina AI, Meta Platforms (Facebook), LinkedIn, MongoDB Atlas, Amazon Web Services, Instantly.ai, Twilio, and Go High Level. These third parties operate independently, and we do not control their services, availability, security, or data practices. Your use of any third-party service may be subject to that third party's separate terms and privacy policy.

12. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALDEALERAI DISCLAIMS ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

• WARRANTIES REGARDING ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF AI-GENERATED CONTENT

• WARRANTIES REGARDING UPTIME, ERROR-FREE OPERATION, OR UNINTERRUPTED AVAILABILITY

• WARRANTIES REGARDING THE CONDUCT OR POLICIES OF THIRD-PARTY PLATFORMS (INCLUDING META AND LINKEDIN)

• WARRANTIES THAT THE SERVICES WILL MEET YOUR BUSINESS NEEDS OR ACHIEVE ANY PARTICULAR RESULT

You use the Services at your own risk.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• REALDEALERAI IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES

• OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO REALDEALERAI IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER

• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to defend, indemnify, and hold harmless RealDealerAI, its officers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your User Content (including vehicle inventory data and customer photos or information you upload)

• Content you publish through the Services, including AI-generated content

• Your use of the Services • Your violation of these Terms

• Your violation of any third-party rights, including intellectual property, privacy, and rights of publicity

• Your violation of any law or the terms of any connected third-party platform (including Meta and LinkedIn policies)

• Your failure to obtain customer consent for the use of customer photos or personal information in posts generated through DealerPost Social

15. Termination

15.1 By You

You may stop using the Services at any time. You may delete your account from within the application or by emailing [email protected].

15.2 By Us

We may suspend or terminate your access to the Services, in whole or in part, at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, misused the Services, or exposed us to legal or reputational risk.

15.3 Effect of Termination

On termination, your right to use the Services ends. We will handle your data in accordance with our Privacy Policy, including deleting your User Content and connected account tokens within the timeframes described there. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

16. Dispute Resolution; Arbitration; Class Action Waiver

16.1 Informal Resolution

Before filing any claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

16.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in [County], Texas or by remote hearing. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.

16.3 Class Action Waiver

You and RealDealerAI each agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

16.4 Exceptions

Either party may bring claims for injunctive or equitable relief for intellectual property violations, or claims qualifying for small claims court, in court rather than arbitration.

16.5 Opt-Out

You may opt out of this arbitration clause by emailing [email protected] within 30 days of first accepting these Terms. Your email must include your name and a clear statement that you are opting out of arbitration.

17. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles. Subject to Section 16, any disputes that are not subject to arbitration will be resolved exclusively in the state or federal courts located in [County], Texas, and you consent to personal jurisdiction there.

18. Changes to These Terms

We may update these Terms at any time. Material changes will be communicated by posting an updated version on our website with a revised "Last Updated" date, and where appropriate by email or in-app notice. Your continued use of the Services after the changes take effect constitutes acceptance.

19.3 No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

19.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure

We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet outages, third-party platform failures, or government action.

19.6 Third-Party Platform Notice

You acknowledge that Meta Platforms, Inc., LinkedIn Corporation, and other third-party social media platforms are not parties to these Terms and have no obligations to you under these Terms. Your use of those platforms is governed by each platform's own terms and policies.

20. Dealer-Specific Provisions (DealerPost Social)

The following additional terms apply to your use of DealerPost Social. In the event of any conflict between this Section 20 and any other provision of these Terms, this Section 20 controls with respect to DealerPost Social.

20.1 Inventory Data Accuracy

You are responsible for the accuracy, completeness, and lawfulness of all vehicle inventory data made available to DealerPost Social through your connected inventory source, including vehicle specifications, VINs, pricing, mileage, photos, descriptions, and inventory status. RealDealerAI does not independently verify inventory data and is not responsible for posts that misrepresent vehicles due to inaccurate inventory data.

20.2 Auto Industry Advertising Compliance

You acknowledge that the sale and advertising of motor vehicles is subject to extensive federal, state, and local regulation, including but not limited to the FTC Used Motor Vehicle Trade Regulation Rule, state advertising and disclosure laws, state lemon laws, the Truth-in-Lending Act, the Consumer Leasing Act, and applicable franchise and dealer licensing laws. You are solely responsible for ensuring that all content generated and published through DealerPost Social complies with all applicable auto industry advertising and disclosure laws and regulations in your jurisdiction. RealDealerAI makes no representation that posts generated by DealerPost Social will comply with any particular law or regulation.

20.3 Disclaimers and Prohibited Claims Filter

DealerPost Social may include optional features such as automated disclaimer text appended to certain post types and a prohibited claims filter intended to flag certain language commonly associated with regulatory issues. These features are provided as convenience tools and are not a guarantee of legal compliance.

• The disclaimers offered by the system are templates that may not be adequate for all jurisdictions, post types, or circumstances

• The prohibited claims filter is not exhaustive and does not guarantee that posts will be free of non-compliant or misleading claims

• You remain solely responsible for ensuring all disclaimers, disclosures, and claims in your posts are legally sufficient for your jurisdiction and circumstances

• RealDealerAI is not liable for any regulatory action, fine, or claim arising from inadequate disclaimers or impermissible claims in posts you publish

20.4 Customer Photos and Information in Sold and Delivery

Posts DealerPost Social allows you to manually upload customer photos and information to generate "Just Sold," delivery, or similar posts. With respect to any such uploads, you represent and warrant that:

• You have obtained the customer's informed consent to use their image, name, and any other personal information in social media posts and other marketing

• Such consent has been obtained in a manner sufficient to comply with all applicable laws, including laws governing rights of publicity, biometric information (such as the Illinois Biometric Information Privacy Act and similar state laws), and personal data

• You will retain documentation of consent for as long as the post remains published

• You will promptly remove any post published through DealerPost Social if the customer withdraws consent

• You will not upload images or information of any individual who has not consented, including bystanders captured in delivery photographs

RealDealerAI does not collect, verify, or store proof of customer consent. RealDealerAI is not liable for any claims, damages, or penalties arising from your use of customer photos or information without proper consent.

21. Contact

Questions about these Terms should be directed to:
RealDealerAI LLP

Email: [email protected]

Website: https://realdealerai.net

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