CARDAPS Terms of Service

Welcome to CARDAPS. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "User") and CARDAPS Technologies Inc. ("CARDAPS", "we", "us", "our"), governing your access to and use of the CARDAPS platform located at cardaps.ca, including all associated applications, tools, APIs, and services (collectively, the "Platform"). By accessing or using the Platform, creating an account, subscribing to a plan, or otherwise interacting with CARDAPS, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at cardaps.ca/privacy), and any additional terms applicable to specific features or programs (such as the Seller Lead Program Terms at cardaps.ca/seller-lead-terms). If you do not agree to these Terms, you must not access or use the Platform. If you are using the Platform on behalf of a business or dealership, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" shall refer to both you as an individual and the organization you represent.

To use the Platform, you must: (a) Be at least the age of majority in your province of residence (18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan; 19 in all other provinces and territories); (b) Be a resident of Canada or have a legitimate business interest in the Canadian used vehicle market; (c) Provide accurate, current, and complete registration information; (d) Not have been previously suspended or removed from the Platform. Dealer accounts require a valid Canadian motor vehicle dealer license. CARDAPS reserves the right to verify your dealer license and to suspend or terminate accounts that cannot provide valid dealer credentials upon request.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) Create only one account per individual or dealership (unless authorized for multiple seats under an Enterprise plan); (b) Provide accurate and truthful information during registration; (c) Keep your login credentials secure and not share them with unauthorized persons; (d) Notify CARDAPS immediately at support@cardaps.ca if you suspect unauthorized access to your account; (e) Not transfer your account to any other person or entity without CARDAPS's written consent. CARDAPS is not liable for any loss or damage arising from your failure to maintain the security of your account credentials. Enterprise plan accounts may include multiple team member seats. The account owner (primary subscriber) is responsible for the actions of all team members added to the account.

CARDAPS provides a vehicle scoring, valuation, and market intelligence platform for the Canadian used vehicle market. Our services include, but are not limited to: (a) Vehicle Scoring: Algorithmic quality and value scoring of used vehicles based on publicly available data, vehicle specifications, recall history, market comparables, and proprietary analysis; (b) Price Estimator: Automated valuation estimates based on market data, comparable listings, vehicle condition, and regional factors; (c) Market Intelligence: Analytics, trends, demand forecasting, liquidity analysis, and competitive insights for the Canadian used vehicle market; (d) Vehicle History Integration: Facilitation of vehicle history report purchases (CARFAX, ClearVin, etc.) through our Platform using report credits; (e) Recall Checker: Cross-referencing vehicles against Transport Canada and NHTSA recall databases; (f) Seller Lead Program: Connecting vehicle sellers with Participating Dealers (governed by separate Seller Lead Program Terms); (g) Dealer Tools: Dashboard, inventory management, opportunity alerts, risk assessment, and team collaboration features for subscribed dealers. Services may vary by subscription tier. Feature availability is described on our Pricing page at cardaps.ca/pricing.

CARDAPS offers multiple subscription tiers: FREE, STARTER, PRO, and ENTERPRISE. Each tier includes different feature access levels, lookup limits, and report credit allocations as described on our Pricing page. Subscriptions: (a) Paid subscriptions are billed monthly through Stripe, our payment processor. By subscribing, you authorize CARDAPS to charge your payment method on a recurring monthly basis; (b) You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for partial months; (c) CARDAPS reserves the right to modify pricing with 30 days' written notice. Price changes apply to the next billing cycle after the notice period; (d) Free tier accounts are subject to lookup limits and feature restrictions as described on the Pricing page. Report Credits: (a) Report credits are used to purchase vehicle history reports (CARFAX, ClearVin, etc.) through the Platform; (b) Credits may be included with your subscription or purchased separately as credit packs; (c) Credits are non-refundable once purchased. Unused credits do not expire while your account remains active; (d) If your account is terminated, unused credits are forfeited; (e) Credits are not transferable between accounts. All prices are in Canadian dollars (CAD) and are subject to applicable taxes (GST/HST/QST).

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to: (a) Use the Platform for any purpose other than legitimate vehicle evaluation, market research, or dealership operations; (b) Scrape, crawl, or use automated tools to extract data from the Platform in bulk, except through approved API access; (c) Reverse engineer, decompile, or attempt to extract the source code of our scoring algorithms, valuation models, or other proprietary technology; (d) Resell, redistribute, or sublicense access to the Platform or any data obtained through it without CARDAPS's written consent; (e) Create multiple free accounts to circumvent lookup limits; (f) Impersonate another person or entity, or falsely represent your affiliation with a dealership; (g) Upload, transmit, or distribute any malicious code, viruses, or harmful content; (h) Interfere with or disrupt the Platform's infrastructure, security, or performance; (i) Use the Platform to harass, threaten, or harm other users; (j) Violate any applicable local, provincial, federal, or international law or regulation. CARDAPS reserves the right to suspend or terminate accounts that violate this Acceptable Use Policy, with or without notice.

The Platform and all its contents — including, without limitation, the scoring algorithms, valuation models, market intelligence analytics, user interface design, text, graphics, logos, icons, and software — are the property of CARDAPS Technologies Inc. or its licensors and are protected by Canadian and international copyright, trademark, and intellectual property laws. CARDAPS Trademarks: "CARDAPS", the CARDAPS logo, "Auto Deal Hub", and any other CARDAPS product or service names are trademarks or registered trademarks of CARDAPS Technologies Inc. You may not use these trademarks without our prior written permission. Your License: Subject to your compliance with these Terms, CARDAPS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or business use in accordance with your subscription tier. User Content: By submitting vehicle information, condition assessments, or other content to the Platform, you grant CARDAPS a non-exclusive, royalty-free, worldwide license to use, process, and store that content for the purpose of providing and improving our services. This license does not transfer ownership of your content to CARDAPS. Data Aggregation: CARDAPS may use anonymized and aggregated data derived from Platform usage for analytics, research, algorithm improvement, and market reporting. Aggregated data does not identify individual users or specific vehicles.

VALUATION ESTIMATES AND SCORING: The vehicle valuations, scores, and market intelligence provided by CARDAPS are algorithmic estimates based on publicly available data and proprietary analysis. They are provided "as is" and "as available" for informational purposes only. They are NOT: (a) Certified appraisals; (b) Guaranteed purchase or sale prices; (c) Binding offers from CARDAPS or any third party; (d) Substitutes for professional mechanical inspection. CARDAPS makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any valuation, score, alert, or market data provided through the Platform. Market conditions change rapidly, and estimates may not reflect real-time market values. THIRD-PARTY DATA: The Platform integrates data from third-party sources including NHTSA, Transport Canada, SAAQ, Statistics Canada, Insurance Bureau of Canada, and other government and private databases. CARDAPS does not guarantee the accuracy, completeness, or currency of third-party data and is not responsible for errors or omissions in data provided by third parties. VEHICLE HISTORY REPORTS: Vehicle history reports (CARFAX, ClearVin, etc.) are provided by third-party services. CARDAPS acts solely as a facilitator for the purchase of these reports. The accuracy and completeness of vehicle history reports are the responsibility of their respective providers. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARDAPS TECHNOLOGIES INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, THE "CARDAPS PARTIES") SHALL NOT BE LIABLE FOR ANY: (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (b) LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY; (c) COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (d) DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM; (e) DAMAGES ARISING FROM ANY VEHICLE TRANSACTION YOU ENTER INTO BASED ON INFORMATION FROM THE PLATFORM. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE CARDAPS PARTIES EXCEED THE AMOUNT YOU HAVE PAID TO CARDAPS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS ($100 CAD), WHICHEVER IS GREATER. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or personal injury caused by negligence.

You agree to indemnify, defend, and hold harmless the CARDAPS Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Your use of the Platform; (b) Your breach of these Terms; (c) Any vehicle transaction you enter into based, in whole or in part, on information obtained through the Platform; (d) Your violation of any applicable law or regulation; (e) Any content you submit to the Platform that infringes the intellectual property or other rights of a third party.

CARDAPS may suspend or terminate your account and access to the Platform at any time, with or without cause, including for: (a) Violation of these Terms or the Acceptable Use Policy; (b) Non-payment of subscription fees; (c) Providing false or misleading information; (d) Fraudulent activity or suspected fraudulent activity; (e) Extended period of account inactivity (12+ months). You may terminate your account at any time by contacting support@cardaps.ca. Upon termination: (a) Your right to access the Platform ceases immediately; (b) Unused report credits are forfeited; (c) Any outstanding subscription fees remain due; (d) Data associated with your account will be handled in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) shall survive termination.

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by the CARDAPS Privacy Policy, available at cardaps.ca/privacy. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy. For specific information about how your data is handled when you participate in the Seller Lead Program, please refer to the Seller Lead Program Terms at cardaps.ca/seller-lead-terms.

For residents of Quebec, the following additional provisions apply: (a) Language: In accordance with the Charter of the French Language (Bill 96), these Terms are available in both French and English. In the event of any discrepancy between the English and French versions, the French version shall prevail for Quebec residents. (b) Consumer Protection: Nothing in these Terms limits or excludes any rights you may have under the Consumer Protection Act (Quebec), including the right to clear and accurate information and protection against unfair commercial practices. (c) Privacy: Your personal information is protected under Quebec's Act Respecting the Protection of Personal Information in the Private Sector (Law 25 / Bill 64). CARDAPS has designated a Privacy Officer responsible for ensuring compliance. Contact: privacy@cardaps.ca. (d) Automated Decisions: When we use automated systems (such as vehicle scoring algorithms) that may affect you, we will inform you that the decision was made by automated means, and you may request a review by a human. (e) Jurisdiction: For Quebec residents, any disputes arising from these Terms shall be governed by the laws of Quebec and the applicable federal laws of Canada, and shall be heard by the courts of the judicial district of Montreal.

Except for Quebec residents (see Section 12(e) above), these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms that cannot be resolved through good-faith negotiation shall be heard by the courts located in the City of Toronto, Ontario, Canada. Before commencing any legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at support@cardaps.ca. CARDAPS will attempt to resolve the dispute within 30 days.

CARDAPS reserves the right to modify these Terms at any time. When we make material changes, we will: (a) Update the "Last Updated" date at the top of this page; (b) Post a notice on the Platform; (c) Send an email notification to registered users if the changes materially affect your rights or obligations. Your continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms. If you do not agree with any modification, your remedy is to stop using the Platform and terminate your account.

Entire Agreement: These Terms, together with the Privacy Policy and any program-specific terms (such as the Seller Lead Program Terms), constitute the entire agreement between you and CARDAPS regarding the Platform. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No Waiver: CARDAPS's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Assignment: You may not assign or transfer these Terms without CARDAPS's written consent. CARDAPS may assign these Terms freely in connection with a merger, acquisition, or sale of all or substantially all of its assets. Force Majeure: CARDAPS shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including natural disasters, wars, pandemics, government actions, internet outages, or third-party service failures. Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

If you have any questions about these Terms of Service, please contact us: CARDAPS Technologies Inc. Email: support@cardaps.ca Privacy Officer: privacy@cardaps.ca Website: cardaps.ca