Terms & Conditions

Last Updated: Aug 2026

Text My Car Deal, Inc.

Email: support@textmycardeal.com

Updated: August 27, 2026

1. Agreement Overview

These Terms and Conditions (the “Agreement”) constitute a legally binding agreement between Text My Car Deal, Inc., a Delaware corporation (“Text My Car Deal,” “TMCD,” “we,” “us,” or “our”), and the entity identified in the applicable service order, registration form, subscription agreement, or other ordering document (“Client,” “Dealer,” or “you”).

This Agreement governs Client’s access to and use of Text My Car Deal’s software-as-a-service platform and related products, modules, integrations, services, documentation, support, and technology.

The Services may include, without limitation:

Website-based customer lead capture
SMS-based private pricing and offer delivery
OTP and two-factor customer verification
Custom website calls-to-action and lead forms
Test-drive scheduling and verification
Geographic pricing and offer rules
Inventory and website integrations
Customer alerts and notifications
Lead routing and CRM integrations
Website engagement tools
Reporting, analytics, and administrative controls
Other current or future Text My Car Deal products, modules, or features

Collectively, these products and services are referred to as the “Services.”

By accessing or using the Services, executing a Service Order, or otherwise indicating acceptance of this Agreement, Client agrees to be bound by these Terms and Conditions.

If Client does not agree to these Terms and Conditions, Client may not access or use the Services.

2. Definitions

For purposes of this Agreement:

“Access Credentials” means any username, password, security key, authentication token, or other credential used to access the Services.

“Affiliate” means any entity that controls, is controlled by, or is under common control with a party.

“Authorized User” means any individual authorized by Client to access or use the Services on Client’s behalf.

“Client Data” means all data, content, information, records, files, pricing information, inventory information, business information, customer information, lead information, website activity, or other information provided, transmitted, collected, received, accessed, or otherwise processed through the Services on behalf of Client.

“Customer Data” means information relating to Client’s customers, prospective customers, website visitors, leads, or other consumers, including names, email addresses, telephone numbers, vehicle information, shopping activity, pricing requests, offer activity, lead submissions, appointment information, consent records, and other related information.

“Confidential Information” means all non-public, proprietary, commercially sensitive, or confidential information disclosed or made available by one party to the other, whether orally, electronically, visually, or in writing. Client Data and Customer Data are deemed Client Confidential Information.

“Documentation” means written instructions, specifications, manuals, implementation materials, help files, or other documentation relating to the Services.

“PII” means personally identifiable information or personal information relating to an identifiable individual, including, where applicable, name, email address, telephone number, physical address, device information, or other identifying information.

“Service Order” means any ordering document, subscription agreement, registration form, insertion order, or other written or electronic agreement under which Client purchases or subscribes to Services.

“Software” means Text My Car Deal’s proprietary software platform, technology, modules, functionality, and associated systems.

“Third-Party Services” means software, data, platforms, telecommunications providers, hosting providers, CRM providers, website providers, APIs, or other products or services supplied by third parties and used in connection with the Services.

3. Provision of Services

3.1 Access Rights

Subject to this Agreement and Client’s payment obligations, Text My Car Deal grants Client a limited, non-exclusive, non-transferable right to access and use the Services during the Term solely for Client’s internal business operations.

3.2 Service Availability

Text My Car Deal will use commercially reasonable efforts to make the Services available and operational, excluding:

Scheduled maintenance;
Emergency maintenance;
Internet, telecommunications, hosting, or third-party outages;
Events outside Text My Car Deal’s reasonable control; and
Suspensions permitted under this Agreement.

3.3 Service Modifications

Text My Car Deal may modify, enhance, replace, remove, or update features of the Services from time to time in order to improve functionality, security, reliability, compliance, or user experience.

Text My Car Deal will use commercially reasonable efforts to notify Client of material changes that substantially affect Client’s use of the Services.

3.4 Third-Party Service Providers and Subcontractors

Text My Car Deal may use subcontractors, hosting providers, telecommunications providers, technology vendors, and other third-party service providers as reasonably necessary to provide the Services.

Text My Car Deal will remain responsible for its obligations under this Agreement and will require service providers that process Client Data on Text My Car Deal’s behalf to use such information only as necessary to perform services for Text My Car Deal and to maintain appropriate confidentiality and security obligations.

4. Client Responsibilities

4.1 Use Restrictions

Client shall not knowingly or intentionally, and shall not permit an Authorized User or third party to:

Copy, modify, reproduce, or create unauthorized derivative works of the Services;
Rent, lease, sell, sublicense, distribute, or commercially exploit the Services except as expressly authorized;
Reverse engineer, disassemble, decompile, or attempt to discover the source code or underlying technology of the Services;
Circumvent, disable, interfere with, or defeat security, authentication, or access controls;
Access or use the Services for the purpose of developing or assisting in the development of a substantially similar competing product;
Introduce malware, viruses, malicious code, or other harmful technology into the Services;
Use the Services in violation of applicable law, regulation, privacy requirements, telecommunications rules, or consumer protection requirements; or
Use the Services in a manner that infringes or misappropriates the rights of another person or entity.

4.2 Access Credentials

Client is responsible for maintaining the confidentiality and security of its Access Credentials and for activity occurring under Client-controlled accounts.

Client shall promptly notify Text My Car Deal if it reasonably believes Access Credentials have been compromised.

4.3 Customer Consent and Legal Compliance

Client is responsible for ensuring that it has all legally required rights, notices, permissions, and consents necessary for Client Data and Customer Data to be collected and processed through the Services.

Where Text My Car Deal provides consent language, disclosure language, verification functionality, or recordkeeping tools as part of the Services, Client remains responsible for ensuring that its marketing, sales, advertising, and customer communications comply with applicable law.

4.4 Client Systems and Integrations

Client is responsible for maintaining the websites, CRM systems, inventory systems, dealership systems, network connections, and other infrastructure necessary for the proper implementation and operation of the Services.

5. Dealer Data, Customer Data, and Privacy

5.1 Ownership of Client Data

As between the parties, Client retains all right, title, and interest in and to Client Data and Customer Data.

Text My Car Deal does not acquire ownership of Client Data or Customer Data as a result of providing the Services.

Client grants Text My Car Deal a limited, non-exclusive, worldwide, royalty-free right to access, host, receive, collect, process, store, transmit, format, and otherwise use Client Data solely to the extent reasonably necessary to:

Provide the Services to Client;
Process and deliver customer requests and leads;
Deliver pricing, offers, messages, and other requested information;
Verify customer information and consent;
Integrate with Client-authorized websites, CRM systems, inventory systems, and other platforms;
Provide customer support;
Maintain, secure, troubleshoot, and improve the Services;
Detect and prevent fraud, abuse, or security incidents; and
Comply with applicable law.

Except as expressly permitted by this Agreement, Text My Car Deal shall not share, disclose, transfer, sell, rent, license, or provide identifiable Client Data or Customer Data to another Text My Car Deal client or unrelated third party.

5.2 No Competitive Use of Dealer or Customer Data

Text My Car Deal shall not use Client Data, Customer Data, PII, lead information, pricing information, offer information, vehicle-shopping activity, customer engagement data, website behavior, dealership performance information, or other non-public information obtained through the Services for the commercial or competitive benefit of another dealership, automotive retailer, dealer group, or other third party.

Text My Car Deal shall not use such information to provide another dealership, dealer group, automotive retailer, Affiliate, employee, contractor, consultant, or third party with a competitive, marketing, advertising, pricing, sales, customer-acquisition, or operational advantage over Client.

This restriction applies to Text My Car Deal and to its officers, employees, contractors, consultants, agents, and representatives who are permitted to access such information.

Client Data and Customer Data obtained through the Services shall not be used by an individual associated with Text My Car Deal for the benefit of a separate dealership, dealer group, automotive business, employer, consulting client, or other commercial interest.

Nothing in this Section prohibits the use of properly anonymized and aggregated information as expressly permitted under Section 5.7.

5.3 Customer PII

Text My Car Deal processes Customer Data and PII on behalf of Client as a service provider for purposes of providing the Services.

Text My Car Deal will not sell or rent Customer Data or PII.

Text My Car Deal will not use identifiable Customer Data or PII to independently market unrelated products or services directly to Client’s customers unless separately authorized by Client and permitted by applicable law.

5.4 Access to Dealer and Customer Information

Text My Car Deal will limit employee, contractor, and service-provider access to Client Data and Customer Data to individuals who reasonably require such access to perform their responsibilities in connection with the Services.

Persons granted such access shall be subject to appropriate confidentiality obligations.

Text My Car Deal will use commercially reasonable measures designed to prevent unauthorized internal access to or use of Client Data and Customer Data.

5.5 Security

Text My Car Deal will implement and maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Client Data and Customer Data against:

Unauthorized access;
Unauthorized disclosure;
Unauthorized alteration;
Loss;
Destruction;
Misuse; and
Other reasonably foreseeable security threats.

Client acknowledges that no computer system, software platform, telecommunications network, or method of electronic transmission can be guaranteed to be completely secure.

5.6 Security Incidents

If Text My Car Deal confirms unauthorized access to or disclosure of Client Data that materially affects Client or Client’s customers, Text My Car Deal will provide Client with notice within a commercially reasonable period, subject to applicable legal requirements and legitimate law-enforcement restrictions.

Text My Car Deal will take commercially reasonable steps to investigate, contain, mitigate, and remediate confirmed security incidents within its control.

5.7 Aggregated and De-Identified Information

Text My Car Deal may create and use aggregated, statistical, or de-identified information derived from use of the Services for purposes such as:

Platform analytics;
Product development and improvement;
Performance benchmarking;
Reliability and security improvements;
Usage analysis;
Service optimization; and
Development of new platform functionality.

Such information may be used only where it has been processed so that it cannot reasonably be used to identify Client or an individual customer.

Text My Car Deal will not intentionally re-identify information that has been anonymized or de-identified under this Section.

5.8 Data Retention and Deletion

Text My Car Deal may retain Client Data during the Term for as long as reasonably necessary to provide the Services and satisfy legal, regulatory, security, fraud-prevention, accounting, or backup requirements.

Following termination of the Agreement, Text My Car Deal will delete or render inaccessible Client Data within a commercially reasonable period unless retention is required by applicable law or reasonably necessary for legitimate legal, security, backup, or dispute-resolution purposes.

Any retained information will remain subject to the confidentiality and data-use restrictions contained in this Agreement for as long as it is retained.

6. Fees and Payment

6.1 Fees

Client shall pay all fees set forth in the applicable Service Order.

Unless otherwise stated in the applicable Service Order, invoices are payable within thirty (30) days of the invoice date.

6.2 Late Payments

Past-due balances may accrue interest at the lesser of:

1.5% per month; or
The maximum amount permitted by applicable law.

Text My Car Deal may suspend Services for materially overdue amounts after providing reasonable notice to Client.

6.3 Taxes

Fees are exclusive of applicable sales, use, excise, or similar taxes.

Client is responsible for applicable taxes associated with the Services, excluding taxes based upon Text My Car Deal’s net income.

7. Intellectual Property

7.1 Text My Car Deal Technology

Text My Car Deal retains all right, title, and interest in and to:

The Software;
The Services;
Text My Car Deal technology;
Software code;
Workflows;
User interfaces;
Verification technology;
System architecture;
Documentation;
Processes;
Trade secrets;
Trademarks; and
Other intellectual property associated with the Services.

Except for the limited rights expressly granted under this Agreement, no intellectual property rights are transferred to Client.

7.2 Client Materials

Client retains ownership of Client’s trademarks, logos, website content, inventory data, dealership information, pricing information, marketing materials, and other proprietary materials supplied by Client.

Client grants Text My Car Deal a limited right to use such materials solely as reasonably necessary to provide the Services.

7.3 Feedback

Client may voluntarily provide suggestions, comments, ideas, or feedback relating to the Services.

Text My Car Deal may use such feedback to improve its products and services, provided such use does not disclose Client Confidential Information or identifiable Client Data.

8. Confidentiality

8.1 Confidentiality Obligations

Each party agrees to:

Protect the other party’s Confidential Information using reasonable care;
Use Confidential Information only as necessary to perform or receive services under this Agreement; and
Not disclose Confidential Information to third parties except as expressly permitted by this Agreement.

Client Data, Customer Data, customer lists, lead information, pricing strategies, offer structures, marketing information, business performance information, and non-public dealership information shall constitute Client Confidential Information.

8.2 Permitted Disclosure

A receiving party may disclose Confidential Information to its employees, contractors, professional advisors, or service providers who:

Have a legitimate need to know the information;
Are informed of its confidential nature; and
Are subject to confidentiality obligations.

8.3 Exceptions

Confidential Information does not include information that the receiving party can demonstrate:

Is or becomes publicly available through no breach of this Agreement;
Was lawfully known to the receiving party without confidentiality restriction before disclosure;
Was lawfully received from a third party without breach of an obligation of confidentiality; or
Was independently developed without use of the disclosing party’s Confidential Information.

8.4 Required Legal Disclosure

A party may disclose Confidential Information when legally required to do so.

Where legally permitted, the receiving party will provide reasonable prior notice to the disclosing party and reasonably cooperate with efforts to seek confidential or protective treatment.

8.5 Survival

The obligations in this Section survive termination of the Agreement for so long as the information remains Confidential Information.

9. Representations and Warranties

9.1 Mutual Authority

Each party represents and warrants that it has the legal authority to enter into this Agreement.

9.2 Text My Car Deal Warranty

Text My Car Deal warrants that the Services will materially perform in accordance with applicable Documentation under normal use.

Client’s primary remedy for a material breach of this warranty will be for Text My Car Deal to use commercially reasonable efforts to correct the nonconformity.

9.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEXT MY CAR DEAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TEXT MY CAR DEAL DOES NOT WARRANT THAT THE SERVICES WILL BE COMPLETELY ERROR-FREE, UNINTERRUPTED, OR IMMUNE FROM ALL SECURITY THREATS.

10. Indemnification

10.1 By Text My Car Deal

Text My Car Deal will defend and indemnify Client against third-party claims alleging that Client’s authorized use of the Services infringes a U.S. patent, copyright, trademark, or other intellectual property right, provided that Client:

Promptly notifies Text My Car Deal of the claim;
Provides reasonable cooperation; and
Permits Text My Car Deal to control the defense and settlement of the claim.

10.2 By Client

Client will defend and indemnify Text My Car Deal against third-party claims arising from:

Client’s unlawful use of the Services;
Client-provided data, content, offers, advertisements, or materials;
Client’s failure to obtain legally required consumer consent;
Client’s violation of applicable law; or
Client’s breach of this Agreement.

10.3 Infringement Remedies

If the Services are determined or reasonably believed to infringe a third party’s intellectual property rights, Text My Car Deal may, at its option:

Modify the affected Services;
Obtain the right for Client to continue using them;
Replace the affected functionality with substantially equivalent functionality; or
Terminate the affected Services and refund any prepaid unused fees applicable to the terminated period.

11. SMS Messaging and Customer Communications

11.1 Dealer Communications

Text My Car Deal technology may enable customers to request vehicle pricing, offers, dealership information, appointments, or other communications from a participating dealership.

Messages sent through the platform are communications associated with the applicable dealership.

11.2 Consumer Consent

When a consumer provides a mobile telephone number and submits a Text My Car Deal-powered form, the consumer may be asked to consent to receive text messages from the applicable dealership relating to the consumer’s request and other communications permitted by the consent language presented at the time of submission.

Message frequency may vary based upon the consumer’s interaction with the dealership and requested services.

Message and data rates may apply.

Consent to receive marketing text messages is not a condition of purchasing goods or services unless otherwise permitted by applicable law.

11.3 Opt-Out

Consumers may opt out of applicable SMS communications at any time by replying STOP.

After an opt-out request has been processed, additional messages will not be sent except where permitted by law, including confirmation of the opt-out or communications based upon a new consent.

Consumers may reply HELP for assistance where supported.

11.4 SMS Customer Information

Mobile telephone numbers, consent records, verification information, and mobile opt-in information collected through the Services will not be sold or rented.

Such information will not be shared with third parties or Affiliates for their independent marketing purposes.

Information may be provided to telecommunications carriers, messaging providers, hosting providers, verification services, CRM systems, dealership technology providers, and other service providers where reasonably necessary to provide the requested Services.

Such providers may use the information only as necessary to perform their services.

11.5 Dealer Responsibility

Client is responsible for the content, frequency, purpose, and legal compliance of marketing and customer communications initiated or authorized by Client.

Nothing in this Agreement constitutes legal advice regarding the Telephone Consumer Protection Act, state telemarketing laws, privacy laws, advertising rules, or other regulatory requirements applicable to Client.

12. Limitation of Liability

12.1 Exclusion of Certain Damages

UNLESS ARISING FROM TEXT MY CAR DEAL’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF CONFIDENTIALITY OBLIGATIONS, OR MISUSE OF CLIENT DATA IN VIOLATION OF SECTION 5.2, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability Cap

EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF CONFIDENTIALITY OBLIGATIONS, OR INTENTIONAL MISUSE OF CLIENT DATA IN VIOLATION OF SECTION 5.2, TEXT MY CAR DEAL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO TEXT MY CAR DEAL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Term and Termination

13.1 Term

This Agreement begins on the Effective Date and continues for so long as Client has an active Service Order or otherwise uses the Services, unless terminated in accordance with this Agreement.

The term and renewal provisions applicable to a particular subscription may be further described in the applicable Service Order.

13.2 Termination for Cause

Either party may terminate this Agreement or an applicable Service Order if the other party materially breaches the Agreement and fails to cure the breach within thirty (30) days after receiving written notice describing the breach.

13.3 Termination for Insolvency

Either party may terminate the Agreement immediately if the other party becomes insolvent, makes a general assignment for the benefit of creditors, enters bankruptcy, or becomes subject to similar insolvency proceedings that are not dismissed within a commercially reasonable period.

13.4 Effect of Termination

Upon termination:

Client’s right to access the terminated Services will end;
Client will remain responsible for amounts properly due through the effective date of termination;
Text My Car Deal will cease using identifiable Client Data except as permitted by this Agreement;
Client Data will be handled in accordance with Section 5.8; and
Provisions intended by their nature to survive termination will remain in effect.

14. Governing Law and Dispute Resolution

14.1 Governing Law

This Agreement and any dispute arising from or relating to it shall be governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

14.2 Arbitration

Except for claims relating to intellectual property rights, misuse of Client Data, breach of confidentiality, requests for injunctive relief, or claims otherwise required by law to proceed in court, disputes arising from this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Unless otherwise agreed, arbitration will be conducted before a single arbitrator in Chicago, Illinois.

Judgment upon an arbitration award may be entered in any court having jurisdiction.

14.3 Venue and Jurisdiction

For disputes not subject to arbitration, the parties consent to the jurisdiction of the state and federal courts located in Cook County, Illinois, unless applicable law requires otherwise.

14.4 Injunctive Relief

Nothing in this Agreement prevents either party from seeking temporary, preliminary, or permanent injunctive relief from a court of competent jurisdiction where necessary to prevent actual or threatened misuse of confidential information, Client Data, Customer Data, or intellectual property.

15. Miscellaneous

15.1 Assignment

Client may not assign this Agreement without Text My Car Deal’s prior written consent, except in connection with a merger, acquisition, sale of substantially all assets, or similar corporate transaction where the assignee agrees to assume Client’s obligations.

Text My Car Deal may assign this Agreement in connection with a merger, acquisition, corporate reorganization, sale of substantially all assets, or similar transaction.

15.2 Entire Agreement

This Agreement, together with applicable Service Orders and any incorporated policies or addenda, constitutes the entire agreement between the parties regarding the Services and supersedes prior or contemporaneous agreements concerning the same subject matter.

If there is a conflict between this Agreement and a signed Service Order, the Service Order will control solely with respect to the conflicting provision.

15.3 Amendments

Text My Car Deal may update these Terms and Conditions from time to time.

For material changes, Text My Car Deal will provide reasonable notice by email, account notification, website posting, or another commercially reasonable method.

Continued use of the Services following the effective date of updated Terms constitutes acceptance to the extent permitted by law.

15.4 Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.5 Waiver

A party’s failure to enforce a provision of this Agreement does not waive that party’s right to enforce the provision later.

15.6 No Third-Party Beneficiaries

Except as expressly stated, this Agreement does not create rights or benefits for any third party.

15.7 Relationship of the Parties

The parties are independent contractors.

Nothing in this Agreement creates a partnership, joint venture, fiduciary relationship, agency relationship, franchise, or employment relationship between Client and Text My Car Deal.

15.8 Force Majeure

Neither party will be liable for delay or failure to perform obligations caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, utility failures, telecommunications failures, internet outages, cyberattacks by third parties, or widespread service-provider outages.

This provision does not excuse Client’s obligation to pay undisputed amounts already due.

15.9 Notices

Legal notices under this Agreement must be in writing and may be delivered by email, nationally recognized overnight courier, certified mail, or another method capable of confirming delivery.

Notices to Text My Car Deal should be sent to:

Text My Car Deal, Inc.
2020 Calamos Ct, Suite 200A
Naperville, IL 60563
support@textmycardeal.com

15.10 Headings

Section headings are for convenience only and do not affect interpretation of this Agreement.

Acceptance

BY ACCESSING OR USING THE SERVICES, EXECUTING A SERVICE ORDER, OR OTHERWISE ACCEPTING THESE TERMS AND CONDITIONS, CLIENT ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT.