EasyRecon Customer Terms
These terms apply to business customers using EasyRecon for dealership operations.
1. Who This Agreement Is With
- These Customer Terms are between EasyRecon LLC and the dealership entity, dealer group, or other business customer that creates an account, signs an order form, or otherwise uses the Service.
- The person accepting these Customer Terms represents that they are authorized to bind the customer. If they are not authorized, they must not accept these Customer Terms or use the paid Service.
- These Customer Terms apply to the EasyRecon web app, mobile app, website, support, billing, onboarding, APIs, messaging features, AI features, and related services.
2. What Customer Is Buying
- EasyRecon is a cloud-based business software service for dealership recon, inventory, workflow, vendor, service, reporting, and operational coordination.
- During the subscription term, Customer receives a limited, non-exclusive, non-transferable, non-sublicensable right to use the Service for Customer's internal dealership business operations.
- Customer may not resell, sublicense, rent, host, outsource, reverse engineer, copy, scrape, or use the Service to build or benchmark a competing product.
- EasyRecon may improve, modify, suspend, remove, or replace features over time, provided the Service remains materially consistent with the purchased subscription in normal use.
3. Accounts, Users, and Authority
- Customer is responsible for its users, invited personnel, contractors, vendors, roles, permissions, credentials, account activity, and administrator actions.
- Customer must provide accurate dealership, contact, billing, tax, and account information and keep that information current.
- Customer must promptly remove users who no longer need access and must notify EasyRecon of suspected unauthorized access.
- EasyRecon may rely on instructions from Customer administrators and authorized users.
4. Subscription, Billing, Cancellation, and No Shipping
- Unless a written order form says otherwise, subscriptions are month-to-month, billed in advance, and renew automatically until cancelled.
- Customer authorizes EasyRecon and its payment processor to charge the payment method on file for subscription fees, taxes, usage-based charges, approved add-ons, and renewal charges.
- Failed payments, chargebacks, or overdue amounts may result in suspension or termination after reasonable notice where practical.
- Customer may cancel through the billing portal, in-app cancellation flow, or by emailing support@easyreconauto.com. Cancellation stops future renewal but does not refund past charges unless required by law or expressly agreed in writing.
- EasyRecon may change pricing, plan packaging, or included usage on at least 30 days' notice before the next renewal.
- EasyRecon is a digital software service. There is no shipping, physical delivery, or physical return process.
5. Taxes
- Fees are exclusive of taxes unless stated otherwise.
- Customer is responsible for applicable taxes, duties, levies, and similar governmental charges, other than taxes based on EasyRecon's net income.
- If EasyRecon is required to collect taxes, those amounts may be charged to Customer or its payment method.
6. Customer Responsibilities and Legal Compliance
- Customer must use the Service only for lawful internal dealership business purposes and in accordance with these Customer Terms, the Privacy Policy, and the Acceptable Use Policy.
- Customer is responsible for complying with laws that apply to its use of the Service, including privacy, employment, recordkeeping, consumer protection, advertising, telemarketing, messaging, and vehicle-related laws.
- Customer is responsible for the accuracy, quality, legality, and permissions for Customer Data submitted to the Service.
- Customer must not use EasyRecon for unlawful surveillance, discrimination, harassment, consumer credit decisions, employment decisions outside legitimate operations, spam, or unrelated data storage.
7. Customer Data
- Customer retains ownership of Customer Data.
- Customer grants EasyRecon the limited rights needed to host, process, transmit, back up, display, analyze, and secure Customer Data to provide, support, maintain, and improve the Service.
- EasyRecon may use aggregated, anonymized, or de-identified information for analytics, benchmarking, security, product improvement, and business reporting, provided it does not identify Customer or an individual.
- EasyRecon will not use Customer Data to train general AI models for other customers.
8. AI Features and Outputs
- The Service may include AI-assisted features that generate summaries, recommendations, reports, workflow analysis, messages, or other outputs.
- AI outputs may be inaccurate, incomplete, or inappropriate for a specific context. Customer and users must review outputs before relying on them or sending them externally.
- Customer is responsible for decisions made using AI outputs and for ensuring AI-assisted messages or reports comply with Customer's policies and applicable law.
- EasyRecon may route relevant prompts, context, Customer Data, and outputs to AI service providers to provide AI-enabled features, subject to the Privacy Policy and any applicable Data Processing Agreement.
9. SMS, Email, and Messaging Features
- Messaging features are for lawful operational dealership communications, not general cold marketing, spam, or unrelated promotional campaigns.
- Customer is responsible for obtaining, documenting, and honoring all required consents and opt-outs for SMS, phone, email, and similar communications.
- Customer must not send messages to anyone who has opted out or where Customer lacks legal authority to message.
- Customer must comply with TCPA, CAN-SPAM, carrier rules, 10DLC requirements, platform rules, and all other laws or industry requirements that apply to Customer's messaging.
- EasyRecon may suspend messaging features if needed to prevent legal exposure, carrier blocking, abuse, spam, deliverability issues, or violations of these Customer Terms.
10. Data Export and Deletion
- During the subscription term and for 30 days after termination, Customer may request a reasonable export of Customer Data in a standard machine-readable format.
- After the export period, EasyRecon may delete Customer Data from production systems unless retention is required for legal, security, backup, compliance, billing, or dispute purposes.
- Backups may persist for a limited period under normal backup and disaster recovery schedules.
11. Privacy, DPA, and Acceptable Use
- The Privacy Policy explains how EasyRecon handles personal information.
- The Acceptable Use Policy is incorporated into these Customer Terms.
- If Customer and EasyRecon sign or electronically accept a Data Processing Agreement, that Data Processing Agreement controls for the data processing topics it covers.
12. Support, Availability, and Beta Features
- EasyRecon will use commercially reasonable efforts to keep the Service available and supported, but no specific uptime, response time, or service level applies unless stated in a signed order form or SLA.
- Maintenance, updates, outages, bugs, security events, third-party provider issues, carrier issues, and force majeure events may affect availability.
- Beta, pilot, experimental, early-access, or preview features are optional, provided as-is, and may be changed, limited, or removed at any time.
13. Third-Party Services and Integrations
- The Service may rely on third-party providers for authentication, hosting, database, storage, payment, messaging, AI, monitoring, analytics, support, and infrastructure.
- Third-party integrations, data feeds, SMS carriers, DMS systems, payment providers, AI providers, and hosting providers may have their own terms, outages, limits, and data practices.
- EasyRecon is not responsible for third-party services outside its reasonable control.
14. Intellectual Property and Feedback
- EasyRecon owns the Service, software, documentation, designs, workflows, analytics, branding, and related intellectual property, excluding Customer Data.
- Customer may not remove proprietary notices, copy protected parts of the Service, or use EasyRecon's marks without permission.
- Customer may provide feedback. EasyRecon may use feedback without restriction, royalty, or obligation.
15. Confidentiality
- Each party may receive non-public information from the other party that should reasonably be understood as confidential.
- Each party will protect the other's confidential information using reasonable care and use it only for the business relationship between the parties.
- Confidentiality obligations do not apply to information that is public through no fault of the receiving party, independently developed, already known without restriction, rightfully received from a third party, or required to be disclosed by law.
16. Disclaimers
- Except as expressly stated in these Customer Terms, the Service is provided as-is and as-available.
- EasyRecon disclaims implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, and error-free operation.
- EasyRecon does not provide legal, accounting, tax, employment, consumer finance, safety, or professional advice.
- Customer is responsible for verifying important business decisions, reports, messages, AI outputs, and operational actions.
17. Limitation of Liability
- To the fullest extent allowed by law, EasyRecon's total liability arising out of or related to the Service or these Customer Terms will not exceed the fees paid by Customer to EasyRecon in the 12 months before the event giving rise to the claim.
- Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or loss of goodwill.
- The limitations do not apply to amounts that cannot legally be limited, Customer's payment obligations, Customer's misuse of the Service, or a party's fraud or willful misconduct.
18. Indemnity
- Customer will defend and indemnify EasyRecon from third-party claims arising from Customer Data, Customer's use or misuse of the Service, Customer's violation of law, Customer's messaging practices, or Customer's breach of these Customer Terms.
- EasyRecon will defend and indemnify Customer from third-party claims that the unmodified Service, as provided by EasyRecon, directly infringes a third party's U.S. intellectual property rights.
- EasyRecon's indemnity does not apply to claims caused by Customer Data, Customer instructions, misuse, modifications, combinations with non-EasyRecon products, or use after EasyRecon provides a reasonable workaround or termination option.
19. Suspension and Termination
- Either party may end a month-to-month subscription at the end of the current billing period by giving notice before the next renewal.
- EasyRecon may suspend or terminate access for nonpayment, security risk, legal exposure, abuse, carrier or provider risk, violation of the Acceptable Use Policy, or material breach.
- Upon termination, Customer must stop using the Service and pay any amounts owed.
20. Disputes and Governing Law
- These Customer Terms are governed by Wyoming law, without regard to conflict-of-law rules.
- The parties will try to resolve disputes informally first.
- Any dispute that cannot be resolved informally will be resolved by binding arbitration on an individual basis, except either party may seek injunctive relief for misuse of intellectual property or confidential information, and either party may bring an eligible claim in small claims court.
- Class actions, class arbitrations, and representative actions are waived to the fullest extent allowed by law.
21. Changes to These Customer Terms
- EasyRecon may update these Customer Terms by posting the updated version, emailing Customer, or providing in-app notice.
- Material changes apply prospectively. If Customer does not agree to a material change, Customer may cancel before the change takes effect.
- Continued use after the effective date of an update means Customer accepts the updated Customer Terms.
22. Electronic Acceptance and Order of Precedence
- Checking an acceptance box, clicking a signup, subscribe, continue, or start subscription button, signing an order form, or otherwise electronically accepting creates a binding agreement.
- EasyRecon may maintain electronic records of acceptance, including user identity, timestamp, IP address, user agent, document versions, and checkbox text shown.
- If documents conflict, the order of precedence is: signed order form, signed addendum or DPA for the topic it covers, these Customer Terms, the Acceptable Use Policy, then the Privacy Policy.
23. Contact
- Support: support@easyreconauto.com.
- Privacy: privacy@easyreconauto.com.