Terms of Service
1. Acceptance of Terms
These Terms of Service are an agreement between you — and the dealership on whose behalf you use the Service — and Magic Beans Ventures, Inc., which offers the Service under the trade name GARAGEBIRDS (“we”, “us”). By accessing or using GARAGEBIRDS ("the Service"), you agree to be bound by these Terms of Service. If you accept them for a dealership, you confirm that you have authority to bind it. If you do not agree, do not use the Service.
2. Description of Service
GARAGEBIRDS is a cloud-based dealer management platform that provides vehicle inventory management, lead tracking, sales workflow tools, and document generation for car dealerships, together with the GARAGEBIRDS Posting Assistant browser extension for Google Chrome.
3. Eligibility and Business Use
The Service is for businesses. You must be at least 18 years old and use the Service for a dealership’s business, not for personal, family or household purposes.
4. Plans, Subscriptions & Payment
The Service is offered on a free plan and on paid plans, such as GARAGEBIRDS Pro, billed monthly or yearly. The price and billing period are shown before you subscribe. Only an administrator of your dealership's account can subscribe, change the payment method, or cancel.
- Automatic renewal. A paid subscription renews automatically at the end of each billing period, and the payment method on file is charged, until you cancel.
- Free trial. Where a plan includes a free trial, an administrator starts it from your billing settings, and no card is needed. When it ends, paid features stop unless you have subscribed. Subscribing with more than two days of the trial left keeps them, and the first charge comes when the trial would have ended. Each dealership is eligible for one trial.
- Cancellation. You may cancel at any time in your billing settings. Cancelling stops the next renewal: access to paid features continues until the end of the period already paid for, and you can resume the subscription before then.
- No refunds. Payments are non-refundable, including for a partially used billing period.
- Price changes. We may change our prices for new subscriptions. An existing subscription keeps its price unless we give you notice of a change before it takes effect.
- Failed payments. If a payment fails, it may be retried, and access to paid features may be suspended until it succeeds.
- Taxes. Prices do not include taxes. You are responsible for any sales, use, or similar taxes that apply to your subscription, except those we are required by law to collect, which are added to your invoice.
- Payment processing. Payments are processed by Stripe. Your card details are entered with and held by Stripe; we never receive or store them.
- Disputed charges. If you believe a charge is wrong, contact us first. A dispute raised with your card issuer is resolved through our payment processor and the card network.
5. Account Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access.
6. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Attempt to gain unauthorized access to other accounts or systems
- Interfere with or disrupt the Service or its infrastructure
- Upload malicious code or content
- Enter credit reports, credit scores, Social Security numbers or dates of birth in contacts, leads or notes
7. Your Data and Your Customers’ Data
You retain ownership of all data you enter into the Service, and you allow us to host, store and process it as needed to provide the Service. We do not sell or share your data with third parties for marketing purposes. See our Privacy Policy for details on data handling.
You are responsible for the information you enter about your customers and prospects: for having the right to collect and enter it, for giving any notice and obtaining any consent the law requires, and for responding to their requests about it. We process it on your behalf, as the Privacy Policy describes.
8. Posting Assistant and marketplaces
The Posting Assistant fills in the listing form on Facebook Marketplace and other marketplaces and sites from your vehicle record, in your browser, or gives you the details and photos to enter yourself where it cannot, for you to review and publish yourself; it never publishes, edits or removes a listing for you. You are responsible for being eligible to list vehicles on each marketplace or site you use, through your own account there, and for following its terms and policies; we do not operate or control Facebook Marketplace or any other marketplace or site. You review every listing before you publish it, and you are responsible for its content and accuracy. We do not guarantee that a listing will be accepted, published, shown to buyers or kept live, or any other outcome.
9. Third-Party Services
The Service relies on third-party services, such as Stripe for payments and public government services for sales-tax rate suggestions and VIN decoding. Suggested tax rates and decoded vehicle details are suggestions only: confirm them before you rely on them. We are not responsible for third-party services or their availability.
10. Service Availability
We strive for high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance or updates.
11. Compliance, Recordkeeping & No Legal Warranty
The Service — including its document generation, capture, storage, and retention features — is a tool provided to help dealerships manage their own records and workflows. GARAGEBIRDS does not guarantee compliance with any legal, regulatory, DMV, tax, or recordkeeping requirement, and makes no warranty that any document generated, captured, or retained through the Service satisfies any such requirement or is sufficient for any particular purpose.
You remain solely responsible for meeting your own legal, regulatory, and record-retention obligations, including retaining and producing original documents where required by law. Using the Service to store or retain records does not reduce or discharge your own duty to retain and produce those records. The Service's retention features are provided on an "as is" basis, and you should consult your own legal counsel regarding your obligations.
12. Disclaimer of Warranties
Except as these Terms expressly state, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.
13. Limitation of Liability
To the fullest extent the law allows, neither we nor our suppliers are liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or relating to the Service. Our total liability for any claim arising from or relating to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim arose and US $100.
14. Indemnification
You will defend and indemnify us against any third-party claim arising from the data you enter into the Service, the listings you publish, or your use of the Service in breach of these Terms or the law, and against the losses and reasonable costs that result from it.
15. Termination
Either party may terminate the agreement at any time. Upon termination, you may request an export of your data within 30 days. After that, we delete your data as the Privacy Policy describes; deal documents are kept for the period it states.
16. Changes to These Terms
We may update these Terms. We will post the new version on this page with a new date and, for a material change, tell account administrators by email before it takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms.
17. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising from or relating to these Terms or the Service will be resolved in the state or federal courts located in California, and both parties consent to their jurisdiction.
18. Contact
For questions about these terms, contact us at legal@garagebirds.com.