Terms & Conditions
DealerPoint Basic Access Terms and Conditions Agreement
Effective Date: October 3, 2023
This Agreement is between OCD LLC, a Louisiana limited liability company (“OCD, LLC,” “we,” or “us”), and the user (“you” or “User”) of the DealerPoint software-as-a-service platform (“DealerPoint” or the “Platform”). By accessing or using DealerPoint Basic Access, you agree to these terms and conditions.
1. Overview of DealerPoint Basic
AccessDealerPoint is a technology platform developed by OCD, LLC, offering tools and analytics to improve dealership operations. Basic Access involves API integration with your dealership management system to automatically collect transactional sales data and other dealership customer and manufacturer information. The data collected includes but is not limited to:
- Customer Number
- Invoice Number
- Sale Date
- Description (Sales Type)
- Sales (Revenue)
- Cost
- Customer Zip CodeCustomer Transaction
- Information
- Product & Manufacturer Warranty
- Information
- Finance Information
- Service Information
- Other information that might be stored in the Dealer Management System
Upon integration, you receive insights generated by DealerPoint based on the accumulated data.
2. User Responsibilities
2.1 Provide Accurate Data
You are responsible for ensuring the accuracy and completeness of the data provided via the API integration. OCD, LLC is not liable for any inaccuracies or errors in the data collected.
2.2 Compliance with Laws
You agree to use DealerPoint in compliance with all applicable laws and regulations.
2.3 Security
You must maintain the security of your account credentials and restrict unauthorized access. Notify OCD, LLC immediately of any unauthorized account use.
3. Ownership and Use of Data
3.1 Data Ownership
You retain ownership of the data provided via the API integration. By providing data, you grant OCD, LLC a perpetual, non-exclusive license to use, modify, and display the data for providing DealerPoint services.
3.2 Data Usage
OCD, LLC may use aggregated and anonymized data from multiple users for research, analysis, and Platform improvement without disclosing individual identities.
4. Fees and Payment
Access to DealerPoint Basic is subject to payment of applicable fees. Payment terms and pricing details are provided separately.
5. Termination
OCD, LLC reserves the right to suspend or terminate your access to DealerPoint Basic for any reason, including violation of this Agreement or misuse of the Platform.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCD, LLC SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF DEALERPOINT BASIC ACCESS.
7. Indemnification
You agree to indemnify, defend, and hold harmless OCD, LLC, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, costs, and expenses arising from your use of DealerPoint Basic Access or breach of this Agreement.
8. Governing Law and Jurisdiction
This Agreement is governed by the laws of Louisiana, without regard to its conflict of laws principles. Any legal action arising from this Agreement shall be resolved in the state or federal courts in Orleans Parish, Louisiana.
9. Changes to the Agreement
OCD, LLC reserves the right to modify or update this Agreement at any time. Changes are effective upon posting on the DealerPoint website. Continued use of DealerPoint Basic Access constitutes acceptance of the revised Agreement.
10. Entire Agreement
This Agreement constitutes the entire agreement between you and OCD, LLC regarding DealerPoint Basic Access, superseding all prior agreements.
By using DealerPoint Basic Access, you acknowledge that you have read, understood, and agreed to these terms and conditions.
Contact Information: If you have any questions or concerns about this Agreement, please contact us at hello@ocdsolutions.io.
OCD LLC PO Box 6323 Gulfport, MS, 39507