These Terms of Service ("Terms") constitute a legally binding agreement between you ("Dealer," "you," or "your") and KMA Auto Inc, a California corporation ("KMA Auto," "we," "us," or "our"), governing your access to and use of Apollo CRM ("Service").
By creating an account or otherwise accessing or using the Service, you represent that you are at least 18 years of age, have the legal authority to bind the business entity on whose behalf you are acting, and agree to be bound by these Terms. If you do not agree, do not access or use the Service.
Apollo CRM is a subscription-based SaaS platform designed for independent used automobile dealerships. Core features include customer contact management, lead tracking, two-way SMS messaging, Gmail lead capture, vehicle inventory management, appointment scheduling, and document storage.
3.1 You must provide accurate, current, and complete information during registration and keep it updated.
3.2 Your subscription permits access by dealership owners and their staff. You are responsible for all activity that occurs under your account.
3.3 You must maintain the confidentiality of your login credentials. Notify us immediately at themio@gmail.com upon discovering any unauthorized access.
3.4 Each subscription covers a single dealership location. Multi-location dealers must contact us for enterprise pricing.
4.1 Subscription Fee. Apollo CRM is offered on a monthly subscription basis, billed in advance.
4.2 SMS Usage Charges. SMS messaging features are powered by Twilio. Usage charges are passed through at Twilio's cost plus a service markup, billed monthly in arrears.
4.3 Free Trial. New accounts are eligible for a fourteen (14) day free trial. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial expires.
4.4 Payment Processing. All payments are processed by Stripe, Inc. By providing payment information, you authorize us to charge the payment method on file for all applicable fees.
4.5 Failed Payments. If a payment fails, we will attempt to collect payment up to three (3) times over seven (7) days. If payment is not received, your account may be suspended or terminated.
4.6 No Refunds. All fees are non-refundable except as required by applicable law. If you cancel mid-cycle, you retain access through the end of the paid billing period; no partial-month refunds are issued.
4.7 Price Changes. We reserve the right to adjust pricing upon thirty (30) days written notice. Continued use after the effective date constitutes acceptance.
The free trial is available once per business entity. Creating multiple accounts to exploit multiple free trials is prohibited and may result in immediate suspension. We reserve the right to modify or discontinue the free trial offer at any time without notice.
6.1 You may cancel your subscription at any time through your account settings or by contacting us at themio@gmail.com. Cancellation takes effect at the end of the current billing cycle.
6.2 Upon cancellation, your account will remain accessible until the end of the paid period.
6.3 Data Retention After Cancellation. Following the end of your subscription, your data will be retained for thirty (30) calendar days. After the Retention Period expires, your data will be permanently deleted from our production systems.
7.1 Permitted Use. The Service is licensed solely for lawful CRM and dealership business operations related to the sale and purchase of used motor vehicles.
7.2 Prohibited Conduct. You agree not to use the Service to:
8.1 SMS functionality is provided through Twilio. You are solely responsible for compliance with all applicable telecommunications laws governing your use of SMS messaging.
8.2 A2P 10DLC Registration. You are responsible for ensuring your brand and campaign are properly registered with applicable carriers. We are not liable for message delivery failures resulting from your failure to complete A2P 10DLC registration.
8.3 TCPA Compliance. You represent and warrant that you will:
8.4 Dealer Responsibility. You, as the Dealer, are the "sender" of all SMS messages. KMA Auto Inc is a service provider. You agree to indemnify, defend, and hold harmless KMA Auto Inc from any claim arising from your SMS messaging practices, including TCPA violations.
8.5 Prohibited SMS Content. You must not send messages that are sexually explicit, harassing, hateful, threatening, phishing, fraudulent, or in violation of carrier messaging policies or CTIA guidelines.
9.1 You retain all right, title, and interest in and to the data you input into the Service ("Dealer Data"). KMA Auto Inc does not claim ownership of Dealer Data.
9.2 You grant KMA Auto Inc a limited, non-exclusive, royalty-free license to access, process, store, and use your Dealer Data solely to provide and improve the Service. We will not use your Dealer Data for advertising or marketing to your customers.
9.3 We may compile anonymized, aggregated usage data that cannot reasonably identify you or your customers. This aggregated data is our property and may be used to improve the Service.
9.4 You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of all Dealer Data you submit.
10.1 The Service, including all software, interfaces, documentation, designs, and trademarks created by KMA Auto Inc, is owned by or licensed to KMA Auto Inc. These Terms do not grant you any rights in our intellectual property beyond the limited license to use the Service.
10.2 Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use such feedback without restriction or compensation to you.
If you believe that material accessible through the Service infringes your copyright, please contact our DMCA Agent at: themio@gmail.com. Your notification must include identification of the copyrighted work, identification of the infringing material and its location, your contact information, a good faith belief statement, and your signature.
12.1 We may suspend your access if payment is overdue and not cured within seven (7) days of notice.
12.2 We may immediately suspend or terminate your account without prior notice if you violate the Acceptable Use Policy, use the Service for illegal activity, or your account creates legal or reputational risk to KMA Auto Inc.
12.3 We may terminate the Service or your account for any reason upon thirty (30) days written notice, except where immediate termination is warranted under Section 12.2.
12.4 Upon termination, your license to use the Service immediately ceases. Sections 8.4, 9, 10, 13, 14, 15, 16, and 17 survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KMA AUTO INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KMA AUTO INC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. OUR TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE GREATER OF: (A) FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless KMA Auto Inc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and fees (including reasonable attorneys' fees) arising out of your use of the Service, violation of these Terms, SMS messaging practices, or any content or data you submit to the Service.
16.1 These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.
16.2 Any dispute that cannot be resolved by good-faith negotiation within thirty (30) days will be submitted to binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitrator's award will be final and binding.
16.3 Class Action Waiver. You and KMA Auto Inc agree that each may bring claims only in your or its individual capacity and not as a plaintiff or class member in any purported class proceeding.
16.4 Either party may seek injunctive or equitable relief in a court of competent jurisdiction in California to prevent irreparable harm pending arbitration.
17.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and KMA Auto Inc regarding the Service.
17.2 Amendments. We may update these Terms from time to time with fourteen (14) days notice. Continued use after the effective date constitutes acceptance.
17.3 Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
17.4 Waiver. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
17.5 Assignment. You may not assign your rights or obligations without our prior written consent. We may assign without restriction.
17.6 Force Majeure. We will not be liable for any failure or delay in performance due to causes beyond our reasonable control.
KMA Auto Inc
Email: themio@gmail.com
Website: apollocrm.app