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KPEYE
Legal

Terms and Conditions

KPEYE Inc.

These Terms and Conditions (the “Agreement”) are entered into as of the date Customer accepts these terms (the “Effective Date”) by and between:

KPEYE Inc., 16323 Pantheon Pass, Delray Beach, Florida 33446 (“KPEYE”)

and

the customer accepting these terms (“Customer”). By clicking to accept, creating an account, or using the Platform, Customer agrees to be bound by this Agreement.

KPEYE and Customer may be referred to individually as a “Party” and collectively as the “Parties.”

1. Definitions

2. Services Provided

KPEYE shall provide Customer with access to the KPEYE SaaS platform, which provides analytics and insights designed to improve the performance of automotive dealership digital operations.

The platform may analyze data from multiple sources including but not limited to:

The platform produces reports and insights to help identify opportunities to improve:

KPEYE may enhance or modify platform functionality periodically to include other insights to improve FCR and marketing/sales effectiveness.

3. License Grant

Subject to the terms of this Agreement, KPEYE grants Customer a non-exclusive, non-transferable, limited license to access and use the platform solely for Customer's internal business purposes during the subscription term.

Customer shall not:

4. Subscription Options

Customer may choose between monthly or annual SaaS subscription options as presented to Customer during onboarding and in Customer's account. Services are priced per dealership website connected to the platform.

5. Term

This Agreement begins on the Effective Date.

Monthly Plan. Month-to-month subscription unless terminated by either party with 30 days written notice.

Annual Plan. Initial term of twelve (12) months. Annual subscriptions automatically renew for additional twelve-month terms unless cancelled 30 days prior to renewal.

6. Fees and Payment

Customer agrees to pay the fees presented to Customer at the time of subscription and in Customer's account.

Payments are due:

Accepted payment methods may include:

Late payments may result in:

7. Customer Data and Data Rights

Customer retains ownership of all Customer Data. Customer grants KPEYE the right to process Customer Data solely for purposes of providing the Services.

KPEYE may aggregate and anonymize data across customers to improve platform performance, analytics models, and benchmarking insights. Such aggregated data shall not identify Customer or any individual consumer.

8. Data Security

KPEYE will implement commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data. These safeguards may include:

Customer acknowledges that no system can guarantee absolute security.

9. Service Level Availability

KPEYE will use commercially reasonable efforts to maintain platform uptime of 99% or greater, excluding:

Scheduled maintenance will typically occur during non-peak hours.

10. Third-Party Integrations

The platform may integrate with third-party systems such as:

KPEYE is not responsible for outages or changes made by third-party providers that affect platform functionality.

11. Analytics and AI Disclaimer

The KPEYE platform provides analytics insights, recommendations, and reporting tools designed to assist Customer decision-making. However:

12. Confidentiality

Each Party agrees to maintain the confidentiality of any proprietary or confidential information received from the other Party. Confidential information includes but is not limited to:

Confidentiality obligations survive termination of the Agreement for five (5) years.

13. Limitation of Liability

To the maximum extent permitted by law, KPEYE shall not be liable for any:

KPEYE's total liability under this Agreement shall not exceed the total fees paid by Customer during the preceding twelve (12) months.

14. Indemnification

Customer agrees to indemnify and hold harmless KPEYE against claims arising from:

15. Termination

KPEYE may suspend or terminate services if Customer:

Upon termination:

16. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control including:

17. Governing Law

This Agreement shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any legal disputes shall be resolved in the courts located within the State of Florida.

18. Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions or agreements. Any amendments must be made in writing and signed by both Parties.

Acceptance

By clicking “I agree” (or any equivalent acceptance mechanism) during onboarding, Customer acknowledges that it has read, understood, and agrees to be bound by this Agreement, and the individual accepting represents that they are authorized to bind the Customer.

Contact: hello@kpeye.com