Terms and Conditions

These Terms and Conditions (“Terms”) govern access to and use of the Recalls Near Me™ platform, website, and related services (collectively, the “Services”) provided by Recalls Near Me™ (“Recalls Near Me,” “we,” “us,” or “our”). These Terms are intended for business customers only. By creating an account, executing an order form, clicking “accept,” or otherwise using the Services, you agree to be bound by these Terms on behalf of the entity you represent (“Customer,” “you,” or “your”). If you do not have authority to bind the entity, do not use the Services.

If Customer has a separate executed master services agreement, order form, or statement of work with Recalls Near Me (collectively, an “Order”), then the Order will control to the extent it conflicts with these Terms.

1. Definitions

“Authorized Users” means Customer’s employees and contractors authorized to access the Services under Customer’s account.

“Customer Data” means data Customer submits to the Services, including user-provided account data and workflow inputs (excluding Aggregated Data).

“Recall Intelligence Data” means vehicle, recall, and market information processed or displayed through the Services, including VIN-level recall status and related data derived from public and/or third-party sources.

“Aggregated Data” means de-identified and/or aggregated data derived from use of the Services that does not identify Customer, Authorized Users, or any individual.

2. Eligibility; Business Use Only

The Services are intended for use by dealerships, dealer groups, and other commercial entities. You represent that you are using the Services solely for business purposes. You will ensure Authorized Users are at least 18 years old and comply with these Terms.

3. Services; Subscription Plans; Changes

3.1 Provision of Services. Subject to these Terms and payment of applicable fees, Recalls Near Me grants Customer a limited, non-exclusive, non-transferable right to access and use the Services during the applicable subscription term (“Subscription Term”) solely for Customer’s internal business operations.

3.2 Subscription Plans and Features. The Services are offered under one or more subscription plans, each of which may include different features, usage limits, data update frequencies, support levels, and functionality. The specific features and limitations applicable to Customer are determined by the subscription plan selected at the time of purchase or renewal.

Recalls Near Me may modify, add, or remove features, functionality, or limitations on a prospective basis as part of product improvements, plan updates, or operational requirements. Any such changes will take effect in accordance with these Terms, including at renewal or upon notice, unless an earlier change is required to address security, legal compliance, or platform integrity.

3.3 Market Scanning and Coverage. The Services may include market-level scanning, geographic filtering, or other configuration settings. Coverage, scan frequency, data sources, prioritization logic, and matching methodologies may change over time as the Services evolve.

4. Exclusivity and Designated Used Car Lots

Certain subscription plans may include the ability for Customer to designate a limited number of used car lots as exclusive or preferred within the Services (“Designated Lots”). The availability, number, scope, and duration of any Designated Lots are determined by Customer’s active subscription plan and the terms presented at the time of purchase or renewal.

During an active subscription term and while Customer remains in good standing, Recalls Near Me will not designate the same Designated Lots as exclusive for another subscribing customer, subject to the limitations set forth below.

Important limitations and clarifications:

• Exclusivity applies only to the specific Designated Lots selected within the Services and only for the duration of the applicable subscription term.
• Exclusivity does not apply to a geographic area, market, OEM brand, or all recall opportunities, and does not restrict other customers from accessing or pursuing non-designated recall opportunities.
• Exclusivity does not guarantee recall volume, repair orders (ROs), dealer participation, response rates, revenue, or any specific business outcome.
• The ability to add, remove, or modify Designated Lots may be limited by the rules of the applicable subscription plan and may be subject to reasonable operational constraints.
• Recalls Near Me may revoke, modify, or suspend exclusivity where required to comply with applicable law, contractual obligations, data availability, platform integrity, or if Customer breaches these Terms, including for non-payment.
• Designated Lot eligibility and availability are subject to operational feasibility, data accuracy, and ongoing platform updates.

Recalls Near Me may modify exclusivity features, eligibility criteria, or limitations prospectively as part of product or subscription plan updates, with such changes taking effect in accordance with these Terms.

5. Customer Responsibilities

5.1 Account Security. Customer is responsible for all activity under its account and must promptly notify us of unauthorized access.

5.2 Authorized Users. Customer is responsible for Authorized Users’ compliance with these Terms.

5.3 Accurate Information. Customer must maintain accurate and current account and billing information.

5.4 Compliance. Customer will use the Services in compliance with all applicable laws.

6. Acceptable Use; Restrictions

Customer will not:

• Copy, modify, or create derivative works of the Services
• Reverse engineer or attempt to discover source code
• Scrape or extract data except as permitted
• Use the Services to build a competing product
• Disrupt or interfere with the Services
• Upload malware or attempt unauthorized access
• Use the Services for unlawful or deceptive purposes
• Represent Recall Intelligence Data as guaranteed or certified

7. Fees, Billing, Taxes, and Payment Terms

7.1 Fees. Fees are based on subscription access, not results.

7.2 Billing and Renewals. Subscriptions may renew automatically unless canceled in accordance with the applicable Order.

7.3 Price Changes. Pricing changes apply prospectively with notice.

7.4 Payments. Payments may be processed by third-party processors such as Stripe.

7.5 Taxes. Fees exclude taxes; Customer is responsible for applicable taxes.

7.6 Late Payments. Services may be suspended for non-payment.

7.7 No Refunds. Fees are non-refundable except as required by law.

8. Term; Suspension; Termination

These Terms remain in effect until terminated. Recalls Near Me may suspend or terminate access for breach, non-payment, security risk, or legal compliance.

9. Data, Privacy, and Security

Customer owns Customer Data. Recalls Near Me processes Customer Data as a service provider/processor to provide the Services. Aggregated Data may be used for analytics and product improvement.

10. Intellectual Property

The Services and all related intellectual property are owned by Recalls Near Me or its licensors. No rights are granted except as expressly stated.

11. Third-Party Data Sources

Data may be incomplete or delayed and recall status may change. Customer is responsible for confirming operational requirements.

12. Confidentiality

Each party will protect the other’s Confidential Information using reasonable care.

13. Warranties; Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RECALLS NEAR ME DISCLAIMS ALL IMPLIED WARRANTIES AND DOES NOT GUARANTEE BUSINESS OUTCOMES.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL LIABILITY WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.

15. Indemnification

Each party will indemnify the other for third-party claims as described in these Terms.

16. Dispute Resolution; Governing Law

These Terms are governed by the laws of the State of Florida, excluding conflict-of-law rules. Venue shall be in the state or federal courts located in Florida.

17. Miscellaneous

Assignment, force majeure, severability, waiver, notices, and entire agreement provisions apply as customary in commercial SaaS agreements.

18. Contact Information

For legal, privacy, or contractual inquiries, contact us by clicking here.