Terms of Service

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and TestDrive AI, Inc. (“TestDrive AI,” “we,” “us,” or “our”), a Delaware corporation.

By creating an account, accessing the platform, or using any TestDrive AI service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Services

TestDrive AI provides an AI-powered automotive retail platform including:

• The TD Engine™ — a conversational AI interface for vehicle discovery, matching, and pre-qualification.
• Dealer integration tools including inventory synchronization, lead management, and analytics dashboards.
• Financing inquiry facilitation (not a direct lender — we connect buyers with participating lenders).
• Trade-in estimation tools (informational only — not a binding offer).
• Appointment scheduling and test drive coordination services.

TestDrive AI is a technology platform, not a licensed automotive dealer, lender, or financial advisor. Vehicle prices, availability, and financing terms are determined by dealers and lenders, not TestDrive AI.

3. Eligibility

• You must be at least 18 years of age to use the platform.
• You must have the legal capacity to enter a binding contract under applicable law.
• The platform is currently available only in the United States.
• Dealer accounts require a valid dealer license in the applicable jurisdiction.

4. User Accounts

You are responsible for:

• Providing accurate and complete registration information.
• Maintaining the security of your credentials. Do not share passwords.
• All activity that occurs under your account.
• Notifying us immediately at security@testdrive.com of any unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or engage in fraudulent activity.

5. Acceptable Use

You agree not to:

• Use the platform for any unlawful purpose or in violation of any applicable regulation.
• Attempt to reverse engineer, decompile, or extract the TD Engine™ or any underlying AI model.
• Scrape, crawl, or systematically extract data from the platform without written permission.
• Submit false vehicle preferences or financing information to manipulate AI recommendations.
• Impersonate any person, dealer, or entity.
• Introduce malware, viruses, or any code designed to disrupt the platform.
• Use the platform to send unsolicited communications (spam).
• Circumvent any access controls, rate limits, or security features.

Violation of this section may result in immediate account termination and legal action.

6. Dealer-Specific Terms

Dealers subscribing to the TestDrive AI platform agree to:

• Maintain accurate, real-time inventory data. Advertising vehicles not available for sale is prohibited.
• Honor pricing displayed to consumers through the platform within the accuracy tolerances specified in the Dealer Agreement.
• Handle consumer data received through the platform in compliance with applicable privacy laws (CCPA, CPRA, etc.).
• Not use consumer data received through the platform to market unrelated products without consumer consent.
• Maintain a valid dealer license in all jurisdictions where they operate.

Additional terms governing the dealer relationship are set forth in the Master Services Agreement signed at onboarding.

7. Intellectual Property

All content, technology, and IP on the TestDrive AI platform — including the TD Engine™ AI models, UI designs, algorithms, brand marks, and documentation — are the exclusive property of TestDrive AI, Inc. and are protected by US and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform for its intended purpose. No other rights are granted.

User-Submitted Content: By submitting vehicle preferences, feedback, or other content, you grant TestDrive AI a royalty-free, worldwide license to use that content to operate and improve the platform (subject to our Privacy Policy regarding PII).

8. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TESTDRIVE AI DOES NOT WARRANT THAT:

• AI-generated vehicle recommendations, pricing estimates, or financing pre-qualification results are accurate, complete, or guaranteed.
• The platform will be uninterrupted, error-free, or virus-free.
• Dealer inventory data is real-time or guaranteed available at the stated price.
• Trade-in estimates constitute a binding offer from any dealer.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TESTDRIVE AI, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

10. Indemnification

You agree to indemnify and hold harmless TestDrive AI, Inc. and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the platform.

11. Dispute Resolution

11.1 Informal Resolution

Contact us first at legal@testdrive.com. Most disputes can be resolved within 30 days without formal proceedings.

11.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Austin, Texas.

11.3 Class Action Waiver

You waive the right to participate in class action lawsuits or class-wide arbitrations. All claims must be brought individually.

11.4 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

12. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email and/or a prominent notice on the platform at least 30 days before the change takes effect. Continued use of the platform after the effective date constitutes acceptance.

13. Contact