Terms of Service

1. Definitions

The following terms have specific meanings throughout this Agreement:

"Agreement"

These Terms of Service, including all incorporated policies and schedules.

"Customer" or "You"

The automotive dealership or business entity that registers for and uses the Service.

"MYEV," "We," or "Us"

MYEV LLC, a Florida limited liability company.

"Service"

The MYEV Descriptions platform, including all features, tools, and AI-generated content capabilities.

"Output" or "Generated Content"

Vehicle descriptions and related content created by the Service using artificial intelligence.

"Vehicle Data"

Information provided by Customer including VINs, mileage, condition, and other vehicle specifications.

"Subscription Period"

The monthly billing cycle during which Customer has access to the Service.

"Wholesale Value"

The vehicle value as determined by Manheim Market Report (MMR) adjusted for mileage and condition.

2. Acceptance of Terms

By accessing or using MYEV Descriptions, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a business entity, you represent that you have the authority to bind that entity to these terms.

If you do not agree to these terms, you may not access or use the Service. We reserve the right to modify these terms at any time. We will provide at least thirty (30) days' notice of material changes via email or through the Service. Your continued use after such notice constitutes acceptance of the modified terms.

3. Service Description

MYEV Descriptions is a software-as-a-service platform that generates AI-powered vehicle listing descriptions for electric vehicles. The Service includes:

• VIN-based vehicle identification and specification lookup
• AI-generated listing descriptions optimized for multiple platforms
• Access to our proprietary Speki database of EV specifications
• Multiple description formats, tones, and platform optimizations
• Description regeneration capabilities

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

4. Eligibility

The Service is available exclusively to:

• Licensed automotive dealerships operating in the United States
• Authorized representatives of such dealerships
• Individuals at least 18 years of age with authority to bind their organization

By registering, you represent that you hold a valid dealer license and are authorized to conduct vehicle sales transactions.

5. Account Registration

5.1 Account Creation

To access the Service, you must create an account by providing accurate, current, and complete information including your dealership name, dealer license number, contact information, and billing details.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use.

5.3 Account Accuracy

You agree to update your account information promptly if any changes occur. We may suspend or terminate accounts with inaccurate information.

6. Subscription & Billing

6.1 Pricing

The Service is offered at $249 per month, billed in advance at the start of each Subscription Period. We will provide at least thirty (30) days' notice before any price changes take effect.

6.2 Payment Terms

Payment is due at the start of each billing cycle. We accept major credit cards through our third-party payment processor. You authorize us to charge your payment method automatically for recurring subscription fees.

6.3 Failed Payments

If payment fails, we will attempt to process the payment again. After three (3) failed attempts, your access may be suspended until payment is successfully processed.

6.4 Taxes

Subscription fees do not include applicable sales tax, use tax, or VAT. You are responsible for all applicable taxes.

7. Free Trial

New customers may be eligible for a thirty (30) day free trial. During the trial period:

• No credit card is required to start the trial
• You will have access to all features of the Service
• The trial will NOT automatically convert to a paid subscription
• At the end of the trial, you must actively subscribe to continue using the Service
• We may contact you via email regarding the trial and subscription options

Trial eligibility is limited to one trial per dealership. We reserve the right to modify or discontinue the trial offer at any time.

8. Cancellation & Refunds

8.1 How to Cancel

You may cancel your subscription at any time by:

• Logging into your account and selecting "Cancel Subscription" in account settings
• Emailing us at dealers@myev.com with your cancellation request

8.2 Effect of Cancellation

Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• You will continue to have access to the Service until that date
• No additional charges will be made after cancellation is processed

8.3 Refund Policy

Subscription fees are generally non-refundable. However, we may provide prorated refunds at our discretion in cases of documented Service unavailability or technical issues that substantially impacted your use of the Service.

9. AI-Generated Content

9.1 Nature of AI Content

The Service uses artificial intelligence to generate vehicle descriptions based on VIN data, our proprietary database, and machine learning models. While we strive for accuracy, AI-generated content may contain errors, omissions, or inaccuracies.

9.2 Customer Responsibility

You acknowledge and agree that:

• You must review all generated content before publishing or using it
• You are responsible for verifying the accuracy of all vehicle specifications
• You may modify generated content as needed
• You assume full responsibility for any content you publish, whether modified or not

9.3 No Guarantee of Results

We do not guarantee that use of the Service will result in faster sales, higher prices, or any specific business outcome.

10. Intellectual Property

10.1 Your Content

You retain ownership of all Vehicle Data you provide to the Service. You grant us a limited license to use this data solely for the purpose of providing the Service.

10.2 Generated Content

You own all rights to the descriptions generated for your vehicles. You may use, modify, publish, and distribute this content without restriction.

10.3 MYEV Property

We retain all rights to:

• The Service platform, software, and technology
• Our proprietary Speki database and specifications
• Our AI models, algorithms, and training methodologies
• Aggregated and anonymized usage data
• MYEV trademarks, logos, and brand assets

11. Buyback Guarantee

The MYEV Descriptions Buyback Guarantee is subject to separate terms and conditions detailed in our Buyback Guarantee Terms. Key provisions include:

• Coverage limited to Material Inaccuracies in AI-generated content
• Maximum coverage per vehicle: lesser of refund amount, MMR wholesale value, or $75,000
• Annual aggregate cap: greater of 5x annual subscription fees or $50,000
• Specific claim filing requirements and timelines
• Exclusions for dealer-modified content, buyer's remorse, and trial period claims

The Buyback Guarantee Terms are incorporated into this Agreement by reference.

12. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose
• Share account credentials with unauthorized parties
• Attempt to reverse engineer, decompile, or extract our AI models
• Use automated tools to scrape or extract data from the Service
• Resell, sublicense, or redistribute access to the Service
• Interfere with or disrupt the Service or its infrastructure
• Submit false, misleading, or fraudulent Vehicle Data
• Use the Service to generate content for non-EV vehicles without disclosure

13. Disclaimers & Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF AI-GENERATED CONTENT

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not guarantee the accuracy of vehicle specifications or AI-generated descriptions.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• MYEV's total liability under this Agreement shall not exceed the total fees paid by you during the twelve (12) months preceding the claim
• In no event shall MYEV be liable for any indirect, incidental, special, consequential, or punitive damages
• This includes lost profits, lost sales, lost data, business interruption, or reputational harm

These limitations apply regardless of the theory of liability and even if MYEV has been advised of the possibility of such damages.

15. Indemnification

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

• Your use of the Service
• Your violation of this Agreement
• Your violation of any third-party rights
• Content you publish, whether modified from generated content or not
• Any misrepresentation in Vehicle Data you provide

16. Dispute Resolution

16.1 Governing Law

This Agreement is governed by the laws of the State of Florida, without regard to conflict of law principles.

16.2 Binding Arbitration

Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Miami-Dade County, Florida.

16.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.4 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.

17. General Provisions

17.1 Entire Agreement

This Agreement, together with our Privacy Policy and Buyback Guarantee Terms, constitutes the entire agreement between you and MYEV regarding the Service.

17.2 Severability

If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign this Agreement without our written consent. MYEV may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets.

17.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond the party's reasonable control.

17.6 Notices

Notices to MYEV must be sent to legal@myev.com or to our physical address below. Notices to you will be sent to the email address associated with your account.

18. Contact Information

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