Terms of Service for Sales Genius Pulse

These Terms of Service ("Terms") govern your access to and use of Sales Genius Pulse at salesgenius.fyi (the "Service"), operated by Ingram Interactive. By accessing or using the Service, you agree to be bound by these Terms.

1. Description of Service

Sales Genius Pulse provides a self-service dealership sales-performance diagnostic tool and related educational/informational content. The Service is provided for general business and informational purposes only and does not constitute professional consulting, legal, financial, or tax advice.

2. Eligibility and Accounts

You must be at least 18 years old to use the Service. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

3. Acceptable Use

You agree not to: use the Service for any unlawful purpose; attempt to interfere with or disrupt the Service's operation or security; reverse-engineer, scrape, or resell the Service without our written permission; or misrepresent your identity or affiliation.

4. Payments

Certain features of the Service may require payment. All fees are due at the time of purchase, are quoted in U.S. dollars, and are non-refundable except as expressly stated at the time of purchase or as required by law. Payments are processed by a third-party payment processor.

5. Intellectual Property

All content, features, and functionality of the Service (including diagnostic frameworks, text, graphics, and software) are owned by Ingram Interactive or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Service without our prior written consent.

6. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DIAGNOSTIC RESULTS AND RECOMMENDATIONS ARE INFORMATIONAL ONLY; WE DO NOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOME OR RESULT FROM USING THE SERVICE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INGRAM INTERACTIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify and hold harmless Ingram Interactive from any claims, damages, or expenses arising from your violation of these Terms or misuse of the Service.

9. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms. You may stop using the Service at any time.

10. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Any dispute arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in California.

11. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

12. Contact Us

Questions about these Terms can be sent to joe@ingraminteractive.com.