Terms of Service

1. Definitions

• Company - the owner and operator of the Drive-Sense Platform, or its future legal entity.
• User - any individual or legal entity using the Site.
• Private Individual - a User posting listings not on behalf of a company.
• Dealer / Seller Company - a legal entity or individual entrepreneur posting listings for commercial purposes.
• Listing - information about a vehicle posted by a User on the Site.
• Content - any text, images, data, analytics, comments, and other materials.

2. Description of the Service

Drive-Sense provides an online platform that allows Users to:

• post vehicle sale listings;
• browse listings posted by other Users;
• access analytical and statistical data (including on a paid basis);
• compare market data and performance indicators;
• use additional tools designed for dealers.

Drive-Sense is not a vehicle dealer, broker, agent, or a party to any transaction between a seller and a buyer.

3. Registration and Account

3.1. Registration is required to access certain features of the Service.

3.2. The User agrees to provide accurate, current, and complete information.

3.3. The User may maintain only one account, unless expressly permitted by the Company.

3.4. The User is fully responsible for safeguarding account credentials and for all actions taken through the User's account.

The Company may, at its sole discretion and at any time:

• restrict access to the Service;
• suspend or delete an account in the event of a violation of these Terms.

4. Posting Listings

By posting a listing, the User represents and warrants that:

• the User is the lawful owner of the vehicle or has the legal right to sell it;
• all information provided in the listing is accurate, complete, and not misleading;
• any images used belong to the User or are used lawfully.

Prohibited actions include:

• posting false, misleading, or duplicate listings;
• providing incorrect VIN, mileage, pricing, or vehicle characteristics;
• posting listings for non-existent vehicles;
• using the Service for fraudulent or unlawful purposes.

The Company reserves the right to moderate, modify, or remove listings at its sole discretion, without explanation and without prior notice.

5. Paid Services and Subscriptions

5.1. Certain features of the Service are available on a paid basis (subscriptions, extended limits, analytics).

5.2. All prices are stated in U.S. dollars (USD), unless expressly indicated otherwise.

5.3. Payments are processed through third-party payment providers.

5.4. Subscriptions may be canceled by the User in accordance with the terms of the applicable plan.

Refunds are provided only where expressly required by law or specified in the Company's refund policy.

6. Analytics and Data

All analytical, statistical, and market data:

• is provided "as is";
• may contain inaccuracies, delays, or errors;
• is intended solely for informational purposes.

The Company does not guarantee the accuracy, completeness, or timeliness of analytics and shall not be liable for decisions made by the User based on such data.

7. Intellectual Property

7.1. All elements of the Site, including source code, design, logos, texts, and analytical models, are owned by the Company or used lawfully.

7.2. The User grants the Company a non-exclusive license to use uploaded Content solely for the operation of the Service.

7.3. Any copying, distribution, or modification of Site materials without the Company's prior written consent is prohibited.

8. Limitation of Liability and Disclaimer of Warranties

8.1 Service Provided "As Is"

The Service, its features, Content, and analytics are provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express or implied.

The Company expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, error-free operation, and uninterrupted availability.

8.2 No Liability for Transactions

The Company is not responsible for User actions, vehicle condition, or fulfillment of agreements between sellers and buyers. All transactions are conducted at the User's own risk.

8.3 Limitation of Liability Amount

To the maximum extent permitted by law, the total liability of the Company arising out of or related to the Service shall not exceed the amount actually paid by the User to the Company during the preceding twelve (12) months, or USD 100, whichever is less.

8.4 Exclusion of Indirect Damages

The Company shall not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, or business reputation, even if the Company has been advised of the possibility of such damages.

8.5 Force Majeure

The Company shall not be liable for failure or delay in performance resulting from circumstances beyond the Company's reasonable control.

9. Termination of Access

The Company may terminate or restrict User access to the Service at any time in the event of a violation of these Terms or for other lawful reasons.

10. Privacy

Use of the Service is also governed by the Privacy Policy, which forms an integral part of these Terms.

11. Governing Law

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

12. Changes to the Terms

The Company reserves the right to amend these Terms at any time. The updated version becomes effective upon publication on the Site.

13. Contact Information

Email: support@drive-sense.com
Website: https://drive-sense.com

14. Arbitration Agreement and Class Action Waiver

All disputes, claims, or controversies arising out of or relating to these Terms or the Service shall be resolved through mandatory, binding, individual arbitration, without a jury trial and without class, collective, or representative actions, in accordance with the U.S. Federal Arbitration Act (FAA).