Terms of Service

Agreement to Terms

These Terms of Service govern access to and use of Alignyx Drive™, including the Alignyx Drive website, hosted application, recurring SaaS plans, negotiation intelligence workflows, buyer-room tools, billing flows, support channels, and related services. Globerian Financial Group LLC operates Alignyx Drive™ and is the contracting seller unless a signed order form identifies a different contracting party.

By creating an account, purchasing a paid plan, approving founding dealership access, accessing the service, or permitting any authorized user to use the service, the customer agrees to be bound by these Terms. If a person accepts these Terms on behalf of a company, dealership, dealer group, or other legal entity, that person represents that they have authority to bind that entity.

If a separately executed order form, master services agreement, data processing agreement, or written addendum signed by Globerian Financial Group LLC conflicts with these Terms, the signed document controls only for the specific subject matter and customer account covered by that document.

Customer Authority and Authorized Users

The person accepting these Terms for a dealership, dealer group, company, or other organization represents that they have authority to bind that organization. Customer is responsible for all actions taken through its account and for ensuring that each authorized user is an employee, contractor, agent, or other representative with a legitimate dealership business need to use the service.

• Customer must keep account credentials and one-time access codes confidential and must promptly report suspected unauthorized access.
• Customer is responsible for user provisioning, user removal, role accuracy, internal approvals, and review of activity under its tenant.
• No consumer, lender, OEM, agency, or third-party vendor receives access unless Customer and Globerian Financial Group LLC authorize that access in the applicable workflow or signed agreement.

The Service

Alignyx Drive provides dealership negotiation intelligence and workflow software designed to help authorized dealership personnel organize leads, conversations, appointments, vehicle fit signals, offer and counteroffer context, sales plays, buyer-room activity, manager review, and customer continuity.

• The service is a decision-support system. It does not sell vehicles, approve financing, bind a lender, bind an insurer, make credit decisions, or replace dealership management review.
• Features may include AI-assisted prioritization, conversation summaries, next-best-action suggestions, negotiation strategy support, desk escalation, buyer-room collaboration, support workflows, billing workflows, and administrative controls.
• Alignyx Drive may improve, modify, suspend, or discontinue features when necessary for security, compliance, reliability, product quality, or commercial operation.

Customer Responsibilities

The customer is responsible for its dealership operations, personnel, customer communications, advertising claims, pricing practices, financing disclosures, lender relationships, vehicle data, consumer records, and final transaction decisions.

• Customer must ensure that only trained, authorized personnel access the service and that each user keeps credentials confidential.
• Customer must provide accurate account, billing, tax, business, and administrative information and promptly update it when it changes.
• Customer must review all AI-assisted outputs, sales recommendations, buyer communications, pricing information, financing references, trade values, inventory representations, and compliance-sensitive content before use.
• Customer is responsible for preserving records required by applicable law, regulator guidance, OEM rules, lender obligations, and dealership policy.

Automobile Dealership Compliance

Alignyx Drive is built for automobile retail environments, but the customer remains solely responsible for complying with laws and obligations that govern its dealership, including advertising, consumer protection, privacy, financing, credit, fair lending, trade-in, warranty, add-on, tax, licensing, document-retention, telemarketing, texting, and electronic-signature requirements.

• Customer may not use the service to make deceptive, misleading, unsupported, discriminatory, or unfair claims about price, fees, rebates, discounts, add-ons, financing, availability, trade value, delivery timing, warranties, service contracts, or vehicle condition.
• Customer must not present optional products or add-ons as mandatory unless that statement is legally accurate, fully disclosed, and supported by the transaction record.
• Customer must not use the service to conceal fees, omit required disclosures, condition advertised prices on undisclosed terms, misstate vehicle availability, or treat protected classes differently.
• Customer must ensure that any out-the-door price, monthly payment, incentive, lender term, or sales proposal sent through or informed by the service is reviewed against current dealership, lender, OEM, and legal requirements before delivery to a consumer.

AI-Assisted Intelligence and Human Review

The service may generate summaries, recommendations, predictions, rankings, scores, explanations, or suggested actions using automated systems, artificial intelligence, deterministic business rules, statistical models, third-party inputs, and customer-provided data.

AI-assisted outputs may be incomplete, stale, inaccurate, or unsuitable for a particular customer interaction. They are provided to assist trained dealership personnel, not to make final business, legal, financial, credit, employment, or consumer eligibility decisions.

Customer must independently verify all material facts before relying on an output, including inventory availability, price, tax, registration fees, finance terms, incentive eligibility, credit-related information, payoff information, trade valuation, appointment details, and customer consent.

Acceptance and Version Records

Customer may accept these Terms through an account flow, checkout flow, order form, signed agreement, or continued authorized use after notice of updated terms. The launch checkout flow requires a Terms acknowledgement before redirecting to Stripe-hosted Checkout, and Stripe Checkout may also collect hosted terms consent when that option is configured.

• Globerian Financial Group LLC may retain evidence of acceptance, including Terms version, acceptance source, checkout session, customer account, subscription, invoice, timestamp, user, tenant, IP-derived request context, and related audit metadata.
• Customer may not rely on client-supplied billing fields, hidden checkout fields, URL parameters, or unsupported form values to change price, product, cancellation, tax, access, or legal terms. Those values are validated server-side or rejected.
• If a signed order form, data processing agreement, or master agreement conflicts with website terms, the signed document controls for the covered customer and subject matter.

Subscriptions, Fees, and Payment

Alignyx Drive™ is offered as recurring dealership SaaS through an order form, checkout flow, or other written authorization accepted by Globerian Financial Group LLC. The public founding dealership subscription is $199 per month, plus applicable tax, for one individual automotive dealership rooftop, month-to-month, with guided in-app setup.

• Unless a signed agreement says otherwise, recurring subscriptions renew monthly until cancelled through the available billing portal, order process, or support-assisted cancellation process.
• Customer authorizes Globerian Financial Group LLC, Alignyx Drive, and their payment processor to charge the selected payment method for subscription fees, applicable taxes, implementation amounts if separately approved, and other amounts authorized by the customer.
• The first 10 qualifying paid dealerships receive 12 months of price protection while continuously subscribed. Checkout sessions, abandoned purchases, test transactions, unpaid accounts, duplicate webhooks, or manually fabricated records do not qualify. Alignyx Drive will not automatically increase those subscriptions after 12 months; any future price change requires a separately approved price and clear advance customer notice.
• Access to paid features may begin only after commercial approval, successful payment when required, verification of the related billing event, and completion of the required onboarding step.
• Fees already paid are generally non-refundable except where required by law, where a verified duplicate charge or billing error occurred, where Alignyx Drive approves a goodwill refund or credit in writing, or where an explicit override appears in a dealership agreement signed by Globerian Financial Group LLC.
• Verified duplicate charges and verified billing errors may be corrected without suspending an otherwise current paid subscription. Partial refunds, credits, refunds against older invoices, or unrelated invoice adjustments do not automatically cancel or suspend a currently paid subscription.
• Failed payments, unauthorized payments, disputes, chargebacks, full current-period refunds, fraud, misuse, security risks, or legal risks may restrict, downgrade, suspend, or terminate access as described in the Suspension and Termination section.

Taxes

Prices shown by Alignyx Drive may not include all applicable taxes, duties, levies, assessments, or similar governmental charges unless expressly stated. Customer is responsible for taxes associated with its purchase and use of the service, excluding taxes based on Globerian Financial Group LLC's net income.

Where supported and configured, checkout may calculate or collect applicable taxes through Stripe Tax or another tax provider. Tax calculation depends on customer location, product configuration, tax registrations, and information provided at checkout. Customer must provide accurate billing and tax information.

Customer Data and Privacy

Customer retains ownership of the business data it submits to the service. Customer grants Globerian Financial Group LLC and Alignyx Drive™ the rights necessary to host, process, transmit, secure, analyze, display, and support that data for the purpose of providing and improving the service, fulfilling contractual obligations, preventing misuse, and complying with law.

• Customer must have all permissions, notices, consents, and legal bases required to submit dealership, employee, lead, buyer, vehicle, conversation, appointment, quote, billing, and operational data to the service.
• Customer should submit only dealership workflow data needed for the service, such as business contacts, lead context, vehicle interest, appointment details, deal-stage notes, trade-position context, manager review notes, and high-level financing preferences that do not constitute a credit application or credit decision record.
• Customer may not submit Social Security numbers, dates of birth, driver's license or other government identification numbers, bank account numbers, payment card data outside Stripe-hosted payment fields, full credit applications, credit reports, FCRA-regulated consumer reports, health data, biometric data, children's data, precise geolocation, passwords, secret keys, or other sensitive regulated data unless Globerian Financial Group LLC has expressly agreed in a signed data processing agreement or order form to process that category.
• Privacy practices, data minimization, deletion, support handling, and service-provider disclosures are described in the applicable privacy and subprocessor pages or any signed data processing agreement.

Order Forms and Data Processing Terms

A signed order form should be used for negotiated commercial terms, dealership-specific scope, non-standard pricing, multi-rooftop access, implementation work, service commitments, or any term that differs from the public checkout offer.

• A dealership data processing agreement should be completed before importing CRM or DMS exports, bulk consumer records, lender or OEM system data, consumer financial information, or any category of data that may be treated as customer information under financial privacy or safeguard obligations.
• Unless a signed agreement says otherwise, Alignyx Drive™ is not a system of record for credit applications, lender submissions, deal jackets, retail installment contracts, insurance products, warranty contracts, or required dealership compliance archives.
• Customer remains responsible for determining whether its use of the service requires customer notices, consumer consents, processor terms, lender or OEM approvals, regulatory retention controls, or other dealership-specific compliance steps.

Confidentiality

Each party may receive non-public business, technical, financial, operational, product, security, customer, pricing, or strategic information from the other party. The receiving party must use reasonable care to protect confidential information and may use it only to perform obligations or exercise rights under these Terms.

Confidential information does not include information that is publicly available without breach, already known without restriction, independently developed without use of confidential information, or lawfully received from a third party without a duty of confidentiality.

Acceptable Use

Customer and authorized users must use the service lawfully, professionally, and only for legitimate dealership business purposes.

• Do not attempt to bypass authentication, authorization, tenant boundaries, rate limits, billing controls, security controls, audit trails, or usage restrictions.
• Do not introduce malware, scrape the service, reverse engineer non-public components, overload infrastructure, probe for vulnerabilities without written authorization, or interfere with other customers.
• Do not use the service for unlawful surveillance, harassment, discriminatory treatment, deceptive sales practices, unsupported consumer claims, spam, or communications without required consent.
• Do not upload data that the customer lacks authority to process or that violates another person's privacy, intellectual property, contractual, or statutory rights.

Third-Party Services

The service may interoperate with third-party providers such as hosting, database, payment, tax, analytics, communications, dealership systems, lender systems, OEM systems, and other operational services. Third-party services are governed by their own terms and controls.

Globerian Financial Group LLC and Alignyx Drive are not responsible for third-party outages, incorrect third-party data, provider policy changes, payment processor decisions, lender decisions, OEM system behavior, or customer-controlled integrations except to the extent expressly required by a signed agreement.

Intellectual Property

Alignyx Drive™ and its licensors retain all rights, title, and interest in the service, software, interfaces, workflows, documentation, models, templates, designs, trademarks, trade dress, know-how, and other technology. No rights are granted except the limited right to access and use the service during an active paid plan, approved founding access period, or signed order period in accordance with these Terms.

Alignyx Drive™ is used as a product brand. These Terms do not claim federal trademark registration, and no registration symbol is used unless registration is verified.

Customer may provide feedback, suggestions, or ideas. Alignyx Drive may use that feedback without restriction or obligation, provided that Alignyx Drive does not disclose customer confidential information in doing so.

Suspension and Termination

Alignyx Drive may suspend or limit access when reasonably necessary to protect the service, other customers, consumer data, payment integrity, legal compliance, security, or system availability.

• Grounds for suspension or termination may include nonpayment, suspected fraud, security risk, unlawful use, abusive use, tenant-isolation risk, material breach, or use that may expose Globerian Financial Group LLC, Alignyx Drive, or others to legal or operational harm.
• Customer may cancel a subscription through the available billing portal, order process, or support process. Default cancellation is effective at the end of the then-current paid billing period, access continues through that paid period, and cancellation stops the next renewal charge.
• Cancellation does not automatically refund fees already charged. Any refund, credit, duplicate-charge correction, billing-error correction, dispute outcome, or chargeback is handled under the Subscriptions, Fees, and Payment section and any signed dealership agreement.
• A failed renewal payment starts seven calendar days of normal access with billing notice and recovery instructions. Repeated failures do not restart that deadline. After seven unpaid days, paid workspace actions may be restricted while sign-in and billing management remain available. Verified payment recovery restores paid access.
• Disputes, chargebacks, unauthorized payments, and full refunds of the current paid period may follow a separate suspension path. Partial refunds, refunds against older invoices, credits, and duplicate-charge or billing-error corrections do not automatically suspend an otherwise current paid subscription.
• Upon termination, customer must stop using the service. Sections that by their nature should survive will survive, including payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, dispute terms, and audit or record provisions.

Disclaimers

To the fullest extent permitted by law, the service is provided on an as-is and as-available basis. Globerian Financial Group LLC and Alignyx Drive disclaim all warranties not expressly stated in a signed agreement, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, accuracy, and error-free performance.

• Alignyx Drive does not provide legal, tax, accounting, lending, insurance, compliance, vehicle valuation, or financial advice.
• Alignyx Drive does not guarantee sales results, close rates, appointment outcomes, gross profit, customer retention, lender approval, incentive eligibility, inventory accuracy, or regulatory compliance.
• Customer is responsible for professional review of dealership forms, advertising, communications, disclosures, pricing, financing, add-ons, and consumer-facing outputs.

Limitation of Liability

To the fullest extent permitted by law, Globerian Financial Group LLC and Alignyx Drive will not be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages; loss of profits, revenue, goodwill, data, business opportunity, or anticipated savings; or damages arising from customer misuse, third-party services, dealership transaction decisions, or unreviewed AI-assisted outputs.

Except for amounts that cannot be limited under applicable law, Alignyx Drive's aggregate liability arising out of or relating to the service or these Terms will not exceed the amounts paid by the customer to Alignyx Drive for the service during the three months preceding the event giving rise to the claim.

Indemnification

Customer will defend, indemnify, and hold harmless Globerian Financial Group LLC, Alignyx Drive, and their affiliates, officers, directors, employees, contractors, and agents from claims, losses, liabilities, damages, penalties, costs, and expenses, including reasonable attorneys' fees, arising from customer data, customer systems, dealership operations, consumer transactions, customer communications, customer breach of these Terms, or customer violation of law.

This obligation includes claims arising from deceptive or misleading advertising, undisclosed or unauthorized fees or add-ons, discriminatory practices, unlawful communications, inaccurate pricing or financing statements, unsupported vehicle representations, privacy violations, and unauthorized use of the service.

Changes to the Service or Terms

Alignyx Drive may update the service and these Terms from time to time. Material changes will be communicated through the website, application, email, billing flow, or another reasonable method. Continued use of the service after the effective date of updated Terms constitutes acceptance of the updated Terms.

Governing Law and Dispute Resolution

Unless a signed order form or agreement states otherwise, these Terms are governed by the laws of the State of Texas, excluding conflict-of-law principles. The parties will first attempt in good faith to resolve disputes through executive-level discussion before either party initiates formal proceedings, except where urgent injunctive relief is reasonably necessary.

The state and federal courts located in Texas will have exclusive jurisdiction for disputes arising from or relating to these Terms unless a signed agreement requires a different venue or dispute process.

Contact

Questions about these Terms, billing, account access, privacy, security, or support should be sent to founder@toneiq.ai or through another support channel made available by Alignyx Drive. Legal notices must identify the customer account, describe the issue with reasonable specificity, and include contact information for a person authorized to act on behalf of the customer.