Terms of service

These Terms of Service (the Terms) are a binding agreement between Carhub, Inc., a Delaware corporation trading as CarHub (CarHub, we, us), and the person or organisation using the Service (Customer, you). They take effect when you create an account, accept an order form that refers to them, or first use the Service.

If you use the Service for an organisation, you confirm that you have authority to bind it. The Service is offered for business use only and not for personal, family or household use. You must be at least 18 and legally able to enter this agreement.

An order form signed by both parties prevails over these Terms where it expressly says so. A signed data processing agreement prevails for personal-data processing. Purchase orders are administrative documents only, and their additional or inconsistent terms do not apply.

The Service means the CarHub website, dashboard, APIs, SDKs, hosted models, vehicle-data lookups, documentation and related support. Subject to these Terms and payment of applicable fees, CarHub grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the agreement to access and use the Service in Customer's products and internal business operations.

Customer may allow its employees and contractors to use the Service on its behalf and is responsible for their compliance. No rights are granted except those stated here. Rate limits, endpoint availability and technical requirements are described in the dashboard and documentation.

An SDK Subscription is a recurring licence to the CarHub software development kits identified in the checkout page, dashboard or order form. During an active SDK Subscription, Customer may install and use those SDKs to develop, test, operate and support Customer applications, and may incorporate their redistributable, compiled components into those applications for use by Customer's end users. End users receive no separate right to access, extract or reuse an SDK.

Each SDK Subscription licenses one Customer organisation. The selected plan or order form defines the licensed SDKs, applications, environments and usage allowance. Customer must not exceed or circumvent those limits, share an SDK Subscription with another organisation, distribute an SDK on a standalone basis, or expose SDK source, credentials or non-public interfaces. Customer's affiliates require their own subscription unless the applicable plan or order form expressly includes them.

An SDK Subscription includes the versions, updates and support level described for the plan. CarHub may release updates to maintain compatibility, security or performance. Customer is responsible for integrating supported versions and for its own application, app-store review, notices, permissions and end-user support. Each SDK Subscription includes the API-credit allowance stated for its plan. Calls to hosted APIs, models, data or third-party services consume that allowance at the applicable metered rates. Additional credits, expiry or rollover rules, if any, are disclosed in the plan, dashboard or order form.

CarHub may provide trials, evaluation access, promotional credits, beta features or other no-fee services. They may have additional limits communicated when access is granted, may be changed or withdrawn at any time, and are intended only for evaluation unless we say otherwise. Customer must not use them to avoid applicable fees or repeatedly create accounts to obtain additional allowances.

To the maximum extent permitted by law, no-fee and beta services are provided as is, without service levels, support commitments, warranties or indemnification. CarHub may delete data associated with expired trial access under its retention schedule, so Customer should export anything it needs before the trial ends.

Keep account information accurate and credentials confidential. API keys must be kept server-side and may not be embedded in public source code, browser code or a distributed application. Customer is responsible for activity under its accounts and keys unless caused by CarHub's breach of these Terms.

Tell [email protected] promptly about suspected unauthorised access and rotate an exposed key immediately. CarHub may apply reasonable technical limits to protect the Service and other customers.

Customer must not, and must not enable anyone else to:

• use the Service unlawfully, deceptively, or to violate another person's rights;
• identify, track or profile people using vehicle models or media;
• upload content without the necessary rights, notices and lawful basis;
• make a solely automated decision that produces legal or similarly significant effects about a person using an Output;
• scrape, bulk-enumerate or republish vehicle-data records, or resell them as a standalone data feed;
• use Output to train or improve a competing model or to reconstruct the Service or its underlying datasets;
• remove or obscure proprietary notices included with an SDK, documentation or Output;
• submit material that is unlawful, infringing, defamatory, deceptive, invasive of privacy, or contains malicious or hidden code;
• probe another account, bypass security or rate limits, introduce malicious code, or disrupt the Service;
• reverse engineer the Service except to the limited extent the restriction is prohibited by law; or
• use the Service in violation of applicable export-control or sanctions laws.

We may investigate suspected misuse and suspend affected credentials while we protect the Service. The Customer remains responsible for the legality of its product, workflow and use of Output.

Self-service usage is funded with prepaid service credits. One thousand credits represent one US dollar of Service usage; credits are not cash, a deposit account or transferable stored value. Each endpoint uses the unit and price shown in the dashboard or applicable rate card when the job is submitted.

A job reserves the displayed amount when admitted. A job that fails or expires without a usable result releases that reservation. A cancellation may remain chargeable once processing has begun. Customer must raise a metering dispute within 30 days after the entry appears in its ledger, with enough information for us to investigate.

Credit packs are charged when purchased. SDK Subscriptions and other recurring plans are charged at the beginning of each billing period and renew automatically for successive periods of the same length until an account owner cancels through the billing portal or as stated in an order form. Cancellation takes effect at the end of the current paid period. Except where law requires otherwise, payments and used credits are non-refundable. Trial credits, purchased packs and automatic reload credits do not expire. Monthly included credits expire at the exact end of their paid billing period in UTC and do not roll over. Reservations made before expiration remain valid for that job; unused reserved credits returned after expiration expire immediately. Each SDK Subscription includes the allowance displayed for the selected plan; usage beyond that allowance requires additional credits or another plan.

An upgrade takes effect after payment confirmation, preserves the current renewal date and charges the prorated price difference. Its additional credits use the same proration and round down to whole credits. Downgrades and cancellation take effect at the next renewal. You may remove a scheduled change before it takes effect. Existing contracts retain their agreed price, allowance and limits until a voluntary plan change. After an unpaid period ends, paid limits end and permanent credits remain usable under free limits. Refunds and disputes recover credits associated with the payment; consumed credits may create a non-expiring recovery debt.

Prices exclude applicable sales, use, VAT, GST and similar taxes. Customer is responsible for those taxes except taxes on CarHub's net income. Stripe processes self-service payments under its own terms. Enterprise invoicing, payment deadlines and service commitments apply only when stated in a signed order form. A minimum commitment in an order form is based on the capacity or Service purchased, not actual use, and cannot be reduced or cancelled during its committed term except as the order form or these Terms expressly permits. Overdue undisputed invoices may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower, plus reasonable collection costs.

Customer Content means media, vehicle identifiers, documents, parameters, instructions and other material Customer submits. Customer retains its rights in Customer Content and grants CarHub a worldwide, non-exclusive licence to host, copy, transmit, modify and process it only as necessary to provide, secure and support the Service and comply with law.

Output means results generated specifically from Customer Content. As between the parties and to the extent permitted by law, Customer owns Output. CarHub does not promise that Output is unique or that intellectual-property rights arise in it. Similar inputs may produce similar output for other customers.

We do not use Customer Content or Output to train general models unless Customer separately opts in to a named programme in writing. Aggregated operational statistics that do not contain Customer Content and do not identify Customer or a person may be used to operate and improve the Service.

Each party will comply with applicable data-protection law. For account, billing, security and business-contact information, CarHub acts as an independent controller as explained in the Privacy Policy.

Where CarHub processes personal data contained in Customer Content on Customer's behalf, Customer is the controller or business and CarHub is the processor or service provider. Customer instructs CarHub to receive, store, analyse and return that data solely to provide the selected endpoints, maintain security, provide support and comply with law. Processing lasts for the agreement and the configured retention period and may concern vehicle owners, keepers, drivers, policyholders, renters, sellers, bystanders and Customer personnel.

CarHub will ensure authorised personnel are bound to confidentiality; maintain appropriate technical and organisational safeguards; assist Customer with verified rights requests, security incidents and legally required assessments; notify Customer without undue delay of a confirmed personal-data breach affecting Customer Content; and delete or return personal data at the end of the Service unless law requires retention. CarHub will make reasonable compliance information available under confidentiality.

Customer gives general written authorisation for subprocessors needed to provide the Service. CarHub will contractually require them to protect personal data, remain responsible for their performance, and give account owners advance notice of a material new subprocessor so Customer may object on reasonable data-protection grounds. If an applicable cross-border transfer requires additional terms, the parties will use the then-current legally recognised transfer mechanism. A more detailed signed data processing addendum may supplement this section.

The Service uses probabilistic systems. Detections, classifications, severity grades, repair estimates, valuations, extracted document fields and generated media may be incomplete, inaccurate or inappropriate for a particular purpose. Model behaviour may change as models and data sources are updated.

Output is not a roadworthiness certificate, professional appraisal, insurance determination, warranty of condition or history, or legal advice. Customer must independently validate Output and use qualified human review before it affects a person's rights, price, claim, employment, access to a service or other significant interest. Customer must provide an appropriate way for affected people to challenge such decisions.

Some endpoints depend on third-party infrastructure, model providers, payment processors and country-specific vehicle-data sources. Their data may be delayed, unavailable, incomplete or subject to additional licence restrictions. Customer may use provider-derived data only inside its application for the permitted purpose and may not republish or resell it as a dataset.

CarHub may replace providers with substantially equivalent providers. We are not responsible for a third-party product Customer independently enables or contracts for, but remain responsible for our subprocessors as required by applicable data-protection law.

Jobs may run asynchronously and processing times vary. Unless a signed order form states a service level, the Service is provided on a commercially reasonable basis without an uptime, response-time or support-credit commitment. We may perform maintenance and will use reasonable efforts to give advance notice of planned material downtime.

We may add endpoints and response fields within a version. Customer must tolerate unknown response fields. For a material incompatible API change, we will use commercially reasonable efforts to give advance notice and a migration path; a signed order form may provide a longer deprecation period.

Each party will use the other's non-public business, technical and commercial information only to perform this agreement and protect it with at least reasonable care. These duties do not cover information that the recipient can show was already lawfully known, becomes public without breach, is received lawfully without restriction, or is independently developed.

A recipient may disclose confidential information when legally required after giving advance notice where permitted and reasonable assistance at the discloser's expense. These duties last for three years after disclosure; trade secrets and Customer Content remain protected for as long as they qualify as confidential under applicable law. We will not identify Customer as a customer without permission.

CarHub and its licensors own the Service, models, software, documentation, schemas, designs, improvements and all related intellectual-property rights. Customer receives only the licence in these Terms. No licence to model weights, source code or underlying datasets is granted.

If Customer voluntarily provides feedback, it grants CarHub a perpetual, worldwide, irrevocable, royalty-free right to use it without identifying Customer or disclosing Customer Content. Nothing requires Customer to provide feedback.

These Terms continue until the account is closed or the agreement is otherwise terminated. Customer may stop using the Service at any time and may cancel a subscription as described in the billing section. Either party may terminate an affected order form or this agreement if the other materially breaches it and does not cure a remediable breach within 30 days after written notice. Either party may terminate immediately if the other becomes insolvent, enters liquidation or a bankruptcy proceeding is not dismissed within 60 days. CarHub may also terminate immediately for unlawful use, a material security threat or sanctions risk.

We may suspend only the affected account or key where reasonably practical. On termination, Customer's right to use the Service ends and access to Customer Content may cease. Before an SDK Subscription expires or a cancellation becomes effective, Customer must deploy any update or configuration needed to disable SDK functionality. When the subscription ends, Customer must stop all SDK use and distribution and remove its components from Customer's applications, systems and development environments, except during a written wind-down period agreed by CarHub. Customer should export needed Output before closing the account. We will delete Customer Content under the configured retention schedule, subject to legal obligations and backup rotation.

Accrued payment obligations and provisions concerning ownership, confidentiality, disclaimers, liability, indemnity and general terms survive termination. Termination does not entitle Customer to a refund except where these Terms, an order form or applicable law expressly says so.

CarHub warrants that it will provide the Service with reasonable skill and care and has the authority to enter this agreement. When used in accordance with the applicable documentation, the paid Service will perform in all material respects as described there. Customer must notify CarHub promptly of a material non-conformity, and CarHub's obligation is to use reasonable efforts to correct or reperform the affected Service. Customer warrants that it has all rights and lawful bases needed for Customer Content, instructions and use of Output.

Except for those express warranties and to the maximum extent permitted by law, the Service and Output are provided as is and as available. CarHub disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty arising from course of dealing. We do not warrant that the Service is uninterrupted, error-free, or that Output or third-party data is complete or accurate.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for lost profits, revenue, goodwill or business opportunity, even if advised they were possible.

Except for excluded claims below, each party's total aggregate liability arising from the Service or agreement will not exceed the fees Customer paid or owed to CarHub for the Service during the 12 months before the event giving rise to the first claim. If Customer paid no fees, CarHub's aggregate liability is limited to US $100.

The exclusions and cap do not apply to Customer's payment obligations; either party's fraud, wilful misconduct or infringement of the other's intellectual-property rights; Customer's breach of acceptable use; or liability that cannot lawfully be excluded or limited.

Customer will defend CarHub and its personnel against a third-party claim arising from Customer Content, Customer's product, an unlawful or prohibited use of the Service, or Customer's failure to obtain required rights or notices, and will pay finally awarded damages and reasonable settlements. This does not apply to the extent the claim was caused by CarHub's breach.

CarHub will defend Customer against a third-party claim that Customer's authorised use of the paid Service directly infringes that third party's intellectual-property rights and will pay damages finally awarded or settlements approved by CarHub. This does not cover claims caused by Customer Content, Customer specifications, unauthorised use or modification, continued use after notice of a claim, or combining the Service with items not supplied by CarHub where the combination caused the claim. If such a claim is likely, CarHub may obtain the right to continue use, modify or replace the affected Service, or terminate it and refund prepaid subscription fees covering the unused terminated period.

A party seeking indemnification must promptly notify the other, provide reasonable cooperation at the defending party's expense, and allow that party to control the defence. Delay in notice reduces the obligation only to the extent it materially prejudices the defence. No settlement may admit fault by, or impose payment or a non-monetary obligation on, the protected party without its written consent.

We may update these Terms to reflect changes in law, security or the Service. We will post the revised version and update its date. For a material change that adversely affects an existing Customer, we will give account owners at least 30 days' advance notice unless an urgent legal or security reason requires earlier effect. Continued use after the effective date accepts the revised Terms. Customer may stop using the Service before then.

Neither party is liable for delay caused by events beyond its reasonable control. Neither party may assign this agreement without the other's consent, except to an affiliate or in connection with a merger, reorganisation or sale of substantially all relevant assets, with notice. Customer may not assign to a CarHub competitor without consent.

Notices to CarHub must be sent to [email protected] and 390 NE 191st St, STE 75548, Miami, FL 33179, United States. We may send operational or legal notices to the account email. These Terms, incorporated policies and any signed order form are the entire agreement about the Service. Failure to enforce a term is not a waiver. If a term is unenforceable, it will be limited to the minimum extent necessary and the remainder stays effective. The parties are independent contractors; there are no third-party beneficiaries.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to their personal jurisdiction and venue.