These Terms of Service ("Terms") govern your access to and use of funddeskpro.com (the "Website") and the FundDesk Pro software application ("Services"). By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Website or Services.
1. Acceptance of Terms
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent (typically a licensed auto dealership). By using the Services, you represent and warrant that you meet these requirements.
2. Description of Services
FundDesk provides a workflow management platform for independent auto dealerships to track and manage the funding lifecycle of vehicle sales, from contract signing through lender funding. Features include but are not limited to: deal tracking, contracts-in-transit dashboards, lender message consolidation, automated status updates via integrated third-party platforms, and deal event audit trails.
The Services are in active development. Features may be added, modified, or removed at any time. During the early access period, some features may be limited, unavailable, or subject to change without notice.
3. User Accounts
To use certain features, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not share your account with others or allow others to access the Services through your credentials. Notify us promptly at legal@funddeskpro.com if you become aware of any unauthorized access to or use of your account.
4. Acceptable Use
You agree not to:
- Use the Services for any illegal purpose
- Reverse engineer, decompile, or disassemble the Services
- Attempt to gain unauthorized access to the Services or related systems
- Scrape, data-mine, or perform automated harvesting of data from the Services
- Interfere with the operation or security of the Services
- Use the Services to distribute malware, spam, or other harmful content
- Impersonate others or misrepresent your affiliation
- Use the Services in a way that violates the rights of third parties
5. Third-Party Integrations
The Services integrate with third-party platforms and services, including but not limited to lender platforms, dealer management systems, and e-signature providers. Your use of any integrated third-party platform is subject to that platform's own terms of service and privacy policies. You are responsible for maintaining your accounts and complying with the terms of these third-party platforms. FundDesk is not responsible for actions taken by third-party platforms or for changes in their availability or functionality.
FundDesk is committed to integrating with third-party platforms only through sanctioned partnerships and documented APIs. Where such partnerships require dealer authorization or acknowledgment of specific terms, you agree to provide such authorization when required.
6. Customer Data and Ownership
You retain all rights to the data you enter or import into the Services ("Customer Data"). FundDesk claims no ownership of your Customer Data. You grant FundDesk a limited license to process, store, and display your Customer Data solely as necessary to provide the Services.
FundDesk does not share your Customer Data with other customers, other dealerships, or third parties except as necessary to provide the Services (such as to sanctioned lender platform integrations authorized by you) or as required by law.
7. Fees and Payment
Fees for the Services will be as agreed in your subscription agreement with FundDesk. During the early access period, some or all Services may be provided at no charge. FundDesk reserves the right to modify pricing with 30 days' notice.
8. Termination
FundDesk may suspend or terminate your access to the Services for cause, including any breach of these Terms, immediately and without notice. Either party may terminate for convenience in accordance with your subscription agreement. Upon termination, your right to use the Services ends. We will make your Customer Data available for export for a reasonable period following termination, after which it may be deleted in accordance with our retention practices.
9. Disclaimers and Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNDDESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUNDDESK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNDDESK'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FUNDDESK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
IN NO EVENT SHALL FUNDDESK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
11. Indemnification
You agree to indemnify, defend, and hold harmless FundDesk and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your misuse of the Services, or your violation of the rights of any third party.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.
13. Changes to These Terms
We may update these Terms from time to time. We will notify users of material changes by posting the updated Terms on this page and updating the effective date. Continued use of the Website or Services after changes constitutes acceptance of the updated Terms.
14. Contact
If you have questions about these Terms, contact us at legal@funddeskpro.com.