Terms & Conditions

Agreement to Our Legal Terms

We are Switcheroo AI ("Company," "we," "us," "our"), an AI-powered automated vehicle sales platform operating in the United States.

We operate the website www.switcherooai.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at (210) 385-2805 or by email at juarez@switcherooai.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Switcheroo AI, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Table of Contents

1. Our Services
2. Intellectual Property Rights
3. User Representations
4. Purchases and Payment
5. Prohibited Activities
6. AI-Generated Content
7. Third-Party Websites and Content
8. Services Management
9. Privacy Policy
10. Term and Termination
11. Modifications and Interruptions
12. Governing Law
13. Dispute Resolution
14. Disclaimer
15. Limitations of Liability
16. Indemnification
17. User Data
18. Electronic Communications and Signatures
19. California Users and Residents
20. Miscellaneous
21. Contact Us

1. Our Services

Switcheroo AI provides an AI-powered automated vehicle sales platform that facilitates vehicle discovery, lead qualification, financing discussions, trade-in evaluations, and appointment scheduling. The information provided through our Services is intended for general use by consumers and dealership partners within the United States.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

All vehicle information, pricing, availability, and financing estimates provided through our AI assistant are for informational purposes only and are subject to change. Final pricing and terms are determined by the selling dealership.

2. Intellectual Property Rights

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights laws in the United States and internationally. No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content solely for your personal, non-commercial use.

3. User Representations

By using the Services, you represent and warrant that:

• You are at least 18 years of age.
• All information you submit is true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update it as necessary.
• You have the legal capacity to agree to these Legal Terms.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.

4. Purchases and Payment

Switcheroo AI is a platform that facilitates vehicle sales inquiries and connections between customers and dealerships. Any vehicle purchase, financing agreement, or trade-in transaction is a separate agreement between you and the applicable dealership.

We accept the following forms of payment for any platform fees or premium services:

• Visa, Mastercard, American Express, Discover
• Bank transfers and ACH payments for dealership subscriptions

You agree to provide current, complete, and accurate purchase and account information for all transactions. We reserve the right to refuse any order placed through our platform.

5. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create a collection, compilation, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Use the AI assistant to generate false vehicle inquiries or fraudulent leads.
• Upload or transmit viruses or any other malicious code.
• Engage in any automated use of the system, such as using scripts to send comments or messages.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
• Copy or adapt the Services' software, including but not limited to AI models, prompts, or conversation logic.

6. AI-Generated Content

Our platform uses artificial intelligence, including OpenAI's GPT technology, to generate responses and assist with your vehicle shopping experience. By using the Services, you acknowledge and agree that:

• AI-generated responses are for informational purposes only and do not constitute professional financial, legal, or automotive advice.
• Vehicle pricing, availability, and financing estimates provided by the AI may not reflect final dealership offers.
• We are not responsible for decisions made based solely on AI-generated information.
• Conversation data may be used to improve our AI systems, subject to our Privacy Policy.

We strive to ensure our AI provides accurate and helpful information, but we cannot guarantee that all AI-generated content is error-free or complete.

7. Third-Party Websites and Content

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. This includes vehicle listings sourced from third-party inventory platforms and dealership partners.

8. Services Management

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms.
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms.
• Refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof.
• Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
• Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

9. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

10. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your access for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

12. Governing Law

These Legal Terms shall be governed by and defined following the laws of the State of Texas, United States. Switcheroo AI and yourself irrevocably consent that the courts of Texas shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

13. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be undertaken pursuant to the Federal Arbitration Act. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity.

14. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

We make no warranties or representations about the accuracy or completeness of the Services' content, including vehicle listings, pricing, availability, and AI-generated information. We assume no liability or responsibility for any errors or inaccuracies in content, personal injury or property damage resulting from your access to the Services, or any unauthorized access to or use of our servers.

15. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party; or (5) any overt harmful act toward any other user of the Services.

17. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

18. Electronic Communications and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

19. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

20. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

21. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: