YugoDMS

This document is a template and should be reviewed by legal counsel before use in production.

Terms of Service

Last updated: March 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Subscriber," "you," or "your") and YugoInc ("Company," "we," "us," or "our"), governing your access to and use of the YugoDMS dealership management platform, including all related services, software, APIs, and documentation (collectively, the "Service") available at app.yugodms.com.

By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

2. Description of Service

YugoDMS is a cloud-based, multi-tenant Software-as-a-Service (SaaS) platform designed for automotive dealerships, with a focus on Buy Here Pay Here (BHPH) operations. The Service includes, but is not limited to:

  • Vehicle inventory management and VIN decoding
  • Deal structuring, desking, and document generation
  • Loan origination, payment processing, and collections management
  • Customer relationship management (CRM)
  • Credit bureau reporting (Metro2 format)
  • GPS vehicle tracking and starter interrupt management
  • Communication tools (SMS, email, voice AI)
  • Compliance screening (OFAC, FCRA, TCPA)
  • Reporting and analytics dashboards
  • Customer self-service portal (YugoPay)

3. Free Trial

We offer a 14-day free trial of the Service. During the trial period, you will have access to the full functionality of the Service at no charge.

  • No credit card is required to start a free trial.
  • At the end of the 14-day trial period, your account will automatically convert to a paid subscription plan unless you cancel before the trial expires.
  • If you do not provide valid payment information before the trial ends, your account will be suspended and access to the Service will be restricted until a subscription is activated.
  • We reserve the right to modify, limit, or discontinue the free trial offer at any time without prior notice.
  • Data entered during the trial period will be preserved upon conversion to a paid plan.

4. Subscription and Payment Terms

Following the free trial or upon selecting a paid plan, the following terms apply:

  • Billing Cycles: Subscriptions are available on monthly or annual billing cycles. Annual plans are billed upfront and may include a discount compared to monthly pricing.
  • Payment Methods: We accept major credit cards, ACH transfers, and other payment methods as made available through the platform. You authorize us to charge your designated payment method on a recurring basis.
  • Price Changes: We may modify subscription pricing with at least 30 days' written notice. Price changes will take effect at the start of your next billing cycle.
  • Taxes: All fees are exclusive of applicable taxes. You are responsible for paying any taxes, levies, or duties imposed by taxing authorities.
  • Late Payment: Overdue invoices may be subject to a late fee of 1.5% per month (or the maximum amount allowed by law, whichever is less). We reserve the right to suspend access to the Service for accounts with outstanding balances exceeding 30 days past due.
  • Refunds: Monthly subscriptions are non-refundable. Annual subscriptions may be eligible for a prorated refund if cancelled within the first 30 days.

5. Multi-Tenant Data Isolation

YugoDMS is a multi-tenant platform. We guarantee the following regarding data isolation:

  • Each dealership tenant's data is logically isolated through Row Level Security (RLS) policies enforced at the database level.
  • No tenant can access, view, modify, or delete another tenant's data through any feature of the Service.
  • All API requests are scoped to your tenant identifier and authenticated user session.
  • Platform administrators (YugoInc staff) may access tenant data only for support purposes with appropriate authorization and audit logging.

6. Data Ownership

You retain all ownership rights to your data. Specifically:

  • Your Data: All customer records, vehicle information, deal documents, payment records, communications, and any other data you enter into the Service ("Your Data") remains your property.
  • License to Us: You grant us a limited, non-exclusive license to use, process, and store Your Data solely for the purpose of providing and improving the Service.
  • No Sale of Data: We will never sell, rent, or share Your Data with third parties for their marketing or advertising purposes.
  • Aggregated Data: We may use anonymized and aggregated data (from which no individual or dealership can be identified) for analytics, benchmarking, and product improvement.

7. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable federal, state, or local laws or regulations.
  • Engage in fraudulent activities, including but not limited to odometer fraud, title washing, curbstoning, or identity theft.
  • Scrape, harvest, or extract data from competitor platforms or services using tools accessible through the Service.
  • Upload or transmit malicious code, viruses, or any content designed to interfere with the proper functioning of the Service.
  • Attempt to gain unauthorized access to other tenants' data, the Service infrastructure, or any related systems.
  • Use the Service to send unsolicited communications (spam) in violation of the Telephone Consumer Protection Act (TCPA) or CAN-SPAM Act.
  • Sublicense, resell, or share your account credentials with unauthorized third parties.
  • Use automated tools (bots, scrapers) to access the Service except through our documented APIs.
  • Circumvent or disable any security features, rate limits, or access controls of the Service.

We reserve the right to suspend or terminate your account immediately if we reasonably believe you are in violation of this Acceptable Use Policy.

8. Industry Compliance

The Service includes features designed to assist BHPH dealerships with regulatory compliance. However, you acknowledge and agree that:

  • Fair Credit Reporting Act (FCRA): While the Service supports Metro2 credit bureau reporting, you are solely responsible for the accuracy of information reported to credit bureaus and for maintaining compliance with the FCRA, including permissible purpose requirements for credit pulls.
  • Telephone Consumer Protection Act (TCPA): You are responsible for obtaining proper consent before sending automated communications through the Service. The Service provides suppression list management and consent tracking tools, but compliance is your responsibility.
  • State DFI Regulations: Dealership licensing, lending regulations, and consumer protection requirements vary by state. You are responsible for understanding and complying with the regulations of each state in which you operate.
  • OFAC Compliance: The Service includes OFAC sanctions screening tools. You must ensure that required screenings are performed in accordance with applicable law.
  • Truth in Lending Act (TILA): Deal structuring and disclosure tools are provided for informational purposes. You are responsible for ensuring all required disclosures meet TILA requirements.
  • No Legal Advice: The Service does not constitute legal advice. You should consult with qualified legal counsel regarding your compliance obligations.

9. Termination and Data Export

Either party may terminate this agreement as follows:

  • By You: You may cancel your subscription at any time through the Service settings or by contacting support. Cancellation takes effect at the end of your current billing period.
  • By Us: We may terminate your account for material breach of these Terms, including but not limited to non-payment, violation of the Acceptable Use Policy, or illegal activity. We will provide 30 days' notice for terminations related to non-payment.
  • Data Retention After Cancellation: Upon termination, we will retain Your Data for 30 calendar days, during which you may export your data through the Service or by requesting a data export from support.
  • Data Export Format: Data exports are provided in standard formats (CSV, JSON, PDF) and include all customer records, deal documents, payment histories, and vehicle data.
  • Data Deletion: After the 30-day retention period, Your Data will be permanently deleted from our systems, except where retention is required by law or for legitimate compliance purposes (e.g., credit reporting records, OFAC screening logs).
  • Survival: Sections regarding limitation of liability, indemnification, governing law, and data ownership survive termination.

10. Service Availability and SLA

We strive to maintain 99.9% uptime for the Service. However, we do not guarantee uninterrupted access and shall not be liable for any downtime due to:

  • Scheduled maintenance (with at least 24 hours' notice when possible).
  • Force majeure events (natural disasters, cyberattacks, government actions).
  • Third-party service provider outages (payment processors, credit bureaus, GPS networks).
  • Your internet connectivity or hardware failures.

11. Intellectual Property

The Service, including all software, algorithms, interfaces, designs, documentation, and trademarks, is the exclusive property of YugoInc and is protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose during your subscription period.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • IN NO EVENT SHALL YUGOINC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
  • OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
  • WE ARE NOT LIABLE FOR ANY REGULATORY FINES, PENALTIES, OR ENFORCEMENT ACTIONS RESULTING FROM YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS, EVEN IF THE SERVICE INCLUDES COMPLIANCE TOOLS.

13. Indemnification

You agree to indemnify, defend, and hold harmless YugoInc and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any applicable law or regulation.
  • Your infringement of any third-party rights.
  • Any data you submit through the Service.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which YugoInc is incorporated, without regard to conflict of law principles.

Any disputes arising under or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction.

You waive any right to participate in a class action lawsuit or class arbitration against YugoInc.

16. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and YugoInc regarding the Service.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Force Majeure: Neither party shall be liable for any failure to perform its obligations due to circumstances beyond its reasonable control.

17. Contact Information

If you have any questions about these Terms, please contact us at:

YugoInc

Email: [email protected]

Website: yugodms.com