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Terms of Service

Last updated: October 3, 2025

Important Legal Notice

These Terms of Service constitute a legally binding agreement between you and Open Vehicle Recall. By using our Service, you acknowledge that you have read, understood, and agree to be bound by these terms. If you are using our Service on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

1. Agreement to Terms

By accessing or using the Open Vehicle Recall service ("Service"), which includes our website at openvehiclerecall.com, APIs, and any related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Service.

We reserve the right to update these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

2. Description of Service

Open Vehicle Recall provides a software-as-a-service (SaaS) platform that enables automotive dealerships to:

  • Upload and process customer vehicle identification numbers (VINs)
  • Check vehicles against manufacturer recall databases
  • Identify open safety recalls and service opportunities
  • Generate automated customer communications via SMS, email, and voicemail
  • Track campaign performance and customer engagement
  • Access analytics and reporting dashboards

The Service is provided for informational and communication purposes only. We do not guarantee the accuracy, completeness, or timeliness of recall information, which is sourced from third-party APIs and databases.

3. Account Registration and Security

Registration Requirements

To use our Service, you must:

  • Be at least 18 years old and capable of forming a binding contract
  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your account information
  • Be authorized to bind your dealership or organization

Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use
  • Ensuring your authorized users comply with these Terms

4. Acceptable Use Policy

Permitted Uses

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to:

  • Use the Service only for legitimate business purposes
  • Comply with all applicable laws and regulations
  • Respect the privacy and rights of your customers
  • Obtain necessary consents before sending communications

Prohibited Uses

You agree NOT to:

  • Use the Service for any unlawful purpose or in violation of any regulations
  • Send spam, unsolicited communications, or harassing messages
  • Upload malicious code, viruses, or harmful data
  • Attempt to gain unauthorized access to our systems
  • Reverse engineer, decompile, or disassemble the Service
  • Resell or redistribute the Service without authorization
  • Use the Service to compete with us or build a similar service
  • Violate the privacy rights of any individual

5. Data Usage and Ownership

Your Data

You retain all ownership rights to the data you upload to our Service ("Customer Data"). By using our Service, you grant us a limited, non-exclusive license to process, store, and use your Customer Data solely to provide the Service to you.

Data Accuracy

You represent and warrant that:

  • You have the right to upload and use all Customer Data
  • Your use of Customer Data complies with all applicable laws
  • You have obtained necessary consents from data subjects
  • Your Customer Data does not infringe any third-party rights

Our Intellectual Property

The Service, including all software, content, design, and functionality, is owned by Open Vehicle Recall and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works without our written permission.

6. Payment Terms

Subscription Fees

  • Fees are based on your selected subscription plan
  • All fees are due in advance on a monthly or annual basis
  • Fees are non-refundable except as required by law
  • We may change fees with 30 days advance notice

Payment Processing

Payment processing is handled by third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for all fees.

7. Disclaimers and Limitations of Liability

IMPORTANT DISCLAIMERS:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

No Warranty

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • Recall information will be accurate, complete, or current
  • The Service will meet your specific requirements
  • Any errors in the Service will be corrected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN VEHICLE RECALL SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages exceeding the fees paid by you in the 12 months prior to the event
  • Any matter beyond our reasonable control

8. Indemnification

You agree to indemnify, defend, and hold harmless Open Vehicle Recall, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Customer Data or communications sent through the Service

9. Termination

Termination by You

You may terminate your account at any time by contacting us. Termination does not entitle you to any refunds unless required by law.

Termination by Us

We may suspend or terminate your access immediately, without notice, if:

  • You breach these Terms
  • You fail to pay fees when due
  • We suspect fraudulent or illegal activity
  • Required by law or to protect our rights

Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your data after a reasonable period, subject to any legal retention requirements.

10. Third-Party Services

Our Service integrates with third-party services and APIs, including:

  • Manufacturer recall databases and APIs
  • Google Firebase services (Authentication, Database, Storage, Functions)
  • Google Analytics for usage tracking
  • Third-party communication providers (SMS, email)

We are not responsible for the availability, accuracy, or functionality of third-party services. Your use of third-party services may be subject to additional terms.

11. Governing Law and Disputes

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Delaware.

Dispute Resolution

We encourage you to contact us first to resolve any disputes. If we cannot resolve a dispute informally, you agree that any dispute will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and Open Vehicle Recall regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

No Waiver: Our failure to enforce any right or provision will not be considered a waiver of those rights.

Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

13. Contact Information

For questions about these Terms of Service or any legal matters, please contact us at:

Email: legal@openvehiclerecall.com

Support: support@openvehiclerecall.com

By using our Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.