Car Dealership Sales Software | Solutions For Car Dealers

Terms of Use

Effective Date: October 1, 2023

1. Acceptance of Terms. These are the terms of use for Hyperion Technologies, LLC (“Pencil My Deal”, "we," "us," or "our"). By accessing and using Pencil My Deal's mobile application or website (collectively referred to as the "Service"), you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please do not use the Service.

2. Description of Service. Pencil My Deal allows car dealership sales staff to efficiently input and present various deal-specific payment numbers to customers during the negotiation process and generate payment options.

3. User Responsibilities. (a) Account Creation: You may be required to create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account information and agree to be solely responsible for all activities that occur under your account. (b) Acceptable Use: You agree to use the Service in compliance with applicable laws and regulations. You will not use the Service for any unlawful purpose or engage in any activity that could harm the Service or its users. (c) User Content: You are solely responsible for any content you post or submit through the Service. By submitting content, you grant Pencil My Deal a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such content in connection with the Service.

4. Intellectual Property. (a) Ownership: Pencil My Deal retains all rights, title, and interest in and to the Service, including any content, logos, trademarks, and other intellectual property. (b) License: Subject to your compliance with these Terms of Use, Pencil My Deal grants you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose.

5. Privacy. Your privacy is important to us. Please refer to our Privacy Policy to understand how we collect, use, and disclose information.

6. Termination. Pencil My Deal reserves the right to terminate or suspend your access to the Service at any time without prior notice for any reason, including if you violate these Terms of Use.

7. Limitation of Liability. Pencil My Deal shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Service.

8. Indemnification. You agree to indemnify and hold harmless Pencil My Deal and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising out of or related to your use of the Service or violation of these Terms of Use.

9. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of South Dakota. Any legal action or proceeding arising out of or related to these terms shall be brought exclusively in the courts of South Dakota.

10. Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to these Terms of Use, including the breach, termination, or validity thereof, shall be resolved by mediation. If mediation is unsuccessful, the dispute shall be finally settled by arbitration in accordance with the rules of the arbitration provider selected by Pencil My Deal. The arbitration shall take place in South Dakota, and the language of the arbitration shall be English. The award rendered by the arbitrator(s) shall be binding and may be entered as a judgment in any court of competent jurisdiction.

11. User Conduct. You agree to use the Service in a manner consistent with all applicable laws and regulations. You shall not engage in any of the following prohibited activities: (a) Harass, threaten, or intimidate others. (b) Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, defamatory, infringing, obscene, or otherwise objectionable. (c) Upload, post, transmit, or otherwise make available any viruses, malware, or other harmful software. (d) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. (e) Engage in any unauthorized advertising or spamming.

12. Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Pencil My Deal DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Pencil My Deal DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Third-Party Links. The Service may contain links to third-party websites or services that are not owned or controlled by Pencil My Deal. Pencil My Deal has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Pencil My Deal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

14. Changes to the Service. Pencil My Deal RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE, OR ANY PART OF IT, AT ANY TIME WITHOUT PRIOR NOTICE. YOU AGREE THAT Pencil My Deal SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE.

15. Severability. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

16. Updates to this Terms of Use. We may update this Terms of Use from time to time. The revised policy will be posted on this page with an updated "Effective Date." We encourage you to review this Terms of Use periodically for any changes.

17. Contact Us. If you have any questions or concerns about this Terms of Use, please contact us at info@penilmydeal.com.