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Terms of Use for Drive

Effective Date: 01/07/2025

Welcome to Drive ("we", "us", or "our"). These Terms of Use (“Terms”) govern your access to and use of the Drive platform, including all web-based services, applications, and CRM tools offered to registered dealerships and their authorized users (“you”, “your”, or “User”).

1. Acceptance of Terms

By registering for and using the Drive platform, you acknowledge that:

  • You have read, understood, and agree to be bound by these Terms.
  • You are authorized to act on behalf of a licensed car dealership.
  • If you do not agree to these Terms, you may not use the platform.

2. Eligibility

Drive is intended only for licensed car dealerships and their staff. You represent that:

  • You are at least 18 years old.
  • You are authorized by your dealership to access and use the platform.
  • All information provided during registration is accurate and up-to-date.

3. Account Registration and Responsibilities

  • Dealerships are responsible for all activity under their accounts, including that of staff users.
  • You must protect your login credentials and notify Drive immediately of unauthorized access.
  • You may not share or sell access to your account.

4. Permitted Use

You agree to use Drive solely for lawful purposes and in accordance with these Terms. You must not:

  • Use the platform for any fraudulent or illegal activity.
  • Copy, reverse-engineer, or tamper with any part of the system.
  • Upload or distribute malware, spam, or harmful content.
  • Access accounts or data not assigned to your dealership.

5. Data Ownership and Use

a. Dealership Data

All data uploaded or generated by your dealership—including vehicle inventory, service records, transaction history, and customer interactions—remains the property of the dealership.

b. Customer Data

Drive provides CRM functionality to collect and manage customer data on your behalf. You are solely responsible for:

  • Collecting appropriate consent from your customers.
  • Ensuring your dealership’s compliance with applicable privacy laws.
  • Managing customer preferences and requests (e.g., deletion, do-not-contact).

Drive acts as a data processor for customer data under relevant data protection laws.

6. Third-Party Integrations

You may request to connect third-party systems (e.g., financing, DMV, CRM tools). Drive facilitates such connections only upon formal email request by a verified dealership owner. You are responsible for the terms and security of any external services you authorize.

7. Data Security and Confidentiality

We implement security measures to protect your data, including:

  • Encrypted transmission and storage
  • Access control and logging
  • Secure infrastructure and monitoring

You agree not to share confidential information about Drive or its operations with third parties without prior written permission.

8. Account Suspension and Termination

We reserve the right to suspend or permanently terminate any dealership or user account at our sole discretion, without prior notice, including for:

  • Violations of these Terms or our Privacy Policy
  • Fraudulent, abusive, or illegal conduct
  • Risk to platform integrity or security

Termination may result in the deletion of your dealership’s data from our system.

9. System Availability and Updates

We strive for continuous availability but do not guarantee that the platform will be available at all times. We may:

  • Schedule maintenance windows with prior notice
  • Patch, upgrade, or modify features at any time
  • Remove or discontinue functionality without liability

10. Fees and Payments

If applicable, dealerships will be invoiced for subscription or usage fees as agreed in a separate billing arrangement. Late payments may result in restricted access or service suspension.

11. Disclaimers

Drive is provided “as is” and “as available.” We disclaim all warranties, express or implied, including:

  • That the platform will be error-free or uninterrupted
  • That results will meet your dealership’s specific goals
  • That all bugs or issues will be resolved immediately

You use the system at your own risk.

12. Limitation of Liability

To the maximum extent permitted by law, Drive and its affiliates will not be liable for:

  • Loss of profits, revenue, or data
  • Business interruption
  • Damages arising from unauthorized access or use of your account
  • Any indirect or consequential damages

Our total liability for any claim will not exceed the fees paid by your dealership in the prior 12 months.

13. Indemnification

You agree to indemnify and hold harmless Drive and its staff from any claims, losses, damages, or expenses (including attorney’s fees) arising from:

  • Your use or misuse of the platform
  • Your dealership’s handling of customer data
  • Violations of these Terms or applicable law

14. Changes to the Terms

We may update these Terms at any time. When we do:

  • We will post the revised Terms on our website with the “Last Updated” date
  • Material changes will be communicated via email or in-platform notice

Your continued use of the platform after changes means you accept the updated Terms.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or your use of the platform shall be submitted to the exclusive jurisdiction of the courts located in Quebec, Canada.

16. Contact Us

For any questions about these Terms:

Drive DMS
Email: [email protected]