Terms of service — Mycarro Business

These Terms of service (the Terms) govern the use of the Mycarro business platform: the dashboard, the dealer websites, publishing to marketplaces, in-app promotion, market data, the AI features and connectors, and every related application programming interface (together, the Service). The Service is provided by Mycarro (Mycarro, we, us).

Please read these Terms carefully. They limit our liability, require you to indemnify us, and choose the law of Portugal and the courts of Faro. By ticking the acceptance box, creating a dealership, subscribing to a plan or otherwise using the Service, you accept these Terms, the Data processing agreement and the Privacy policy. If you do not accept them, do not use the Service.

1. Who may use the Service

1.1. The Service is offered only to businesses: car dealers, traders, leasing and rental companies and other professionals acting for purposes related to their trade, business, craft or profession. It is not offered to consumers.

1.2. The business that creates a dealership account (the Customer, you) is the party to these Terms. The individual who accepts them on the Customer's behalf represents and warrants that they are at least 18 years old and have full authority to bind the Customer. If they lack that authority, they accept these Terms personally and are personally liable for any breach.

1.3. You represent that you are not a consumer, and that the information you give us about your business (name, tax number, address, contacts) is true, complete and kept up to date. To the fullest extent permitted by law, consumer-protection rules, including any statutory right of withdrawal from distance contracts, do not apply to the contract between you and us.

1.4. You are responsible for every user you invite to your dealership (Users), for the roles and permissions you give them, and for every act done through their accounts, as if it were your own. You keep credentials confidential, enable the security features we offer, and tell us at once if you suspect any unauthorised access.

2. The Service

2.1. We provide the Service "as is" and "as available". Unless we have signed a separate written service-level agreement with you, we make no commitment on availability, uptime, response times, support, or the presence of any particular feature.

2.2. We may change, improve, rename, suspend or withdraw any part of the Service at any time, including features shown on our website or in a plan description. Where a change materially reduces a paid plan's core features, we will tell you in advance where reasonably possible, and your only remedy is to cancel the plan.

2.3. Features marked as beta, preview, early access, example or similar are provided for evaluation, may be unreliable, and may be withdrawn without notice.

2.4. Each plan has limits, such as vehicles, promotions and Users, as published on our pricing page at the time. We may enforce them technically. If you exceed a limit, we may block further additions, hide records beyond the limit, or ask you to upgrade.

2.5. The Service depends on third parties: hosting and network providers, our authentication and billing provider, marketplaces, AI model providers and others. We are not responsible for their acts, omissions, outages or changes in their terms.

3. Plans, fees and payment

3.1. Free plan. The Free plan costs nothing and may be changed, limited or withdrawn by us at any time.

3.2. Paid plans are billed in advance, monthly or yearly, through our billing provider and in the currency shown at checkout (currently US dollars). Prices shown in euros or other currencies are a guide. Your bank or card issuer may apply exchange rates and fees, which are yours to bear.

3.3. Automatic renewal. A paid plan renews automatically at the end of each billing period for the same period, at the price then in force, until you cancel it. You authorise us and our billing provider to charge your payment method for every renewal.

3.4. Trials. If a paid plan starts with a free trial, it converts to a paid subscription when the trial ends unless you cancel before then. We may change or end trials at any time, and offer each Customer at most one.

3.5. Price changes. We may change prices, or the features and limits of a plan. A change applies to you from your next billing period after at least 30 days' notice. If you do not accept it, cancel before it applies. Continuing to use the plan after it applies means you accept it.

3.6. Taxes. Prices exclude VAT and other taxes unless stated otherwise. You pay every tax due on the fees, apart from taxes on our own income, and you give us a valid VAT number where the reverse-charge mechanism applies.

3.7. No refunds. Fees are non-refundable and non-cancellable, including for partial periods, unused features, downgrades, unused vehicles or promotions, and suspension or termination for your breach, except where these Terms expressly say otherwise or mandatory law requires a refund.

3.8. Failed payments. If a payment fails or is reversed, we may retry it, move the dealership to the Free plan, suspend paid features or the whole Service, and recover the amount owed together with the statutory late-payment interest for commercial transactions and reasonable collection costs.

3.9. Cancellation and downgrade. You may cancel a paid plan or move to a lower plan at any time. The change takes effect at the end of the period already paid for, after which the dealership moves to the plan you chose, or to Free. Vehicles, promotions, Users and features beyond the new plan's limits may be hidden, unpublished, disabled or removed from marketplaces and your website.

3.10. Disputes about charges must reach us in writing within 30 days of the charge. After that the charge is final.

4. Your content and your business

4.1. Your content means everything you or your Users put into the Service or ask it to process: vehicles, photos, prices, descriptions, documents, customers, leads, contracts, invoices, campaigns, website content and settings. As between you and us, you own your content.

4.2. You grant us a worldwide, non-exclusive, royalty-free, transferable and sub-licensable licence to host, copy, store, process, adapt, translate, format, display, publish and distribute your content, for the term of the contract and for as long afterwards as is needed to wind it down, and for any longer period the law requires us to keep it. The licence is for providing, securing and improving the Service. It includes, without limitation:

showing your vehicles and dealership on mycarro.app, its applications and your dealer website;
sending your vehicles to the marketplaces you choose;
making machine translations, summaries and enhancements of your content;
using de-identified and aggregated data derived from it, including in market data, valuations and statistics.

4.3. You are solely responsible for your content and for your business, including:

the accuracy, completeness and lawfulness of every listing: price, mileage, history, condition, damage, specification, equipment, emissions, warranty and availability;
complying with the law on the sale of goods and vehicles, consumer guarantees, pricing and price display, advertising, unfair commercial practices, distance and off-premises sales, anti-money-laundering, vehicle registration and import, and data protection;
your invoices, receipts, accounting records and tax compliance, including VAT, vehicle tax, SAF-T, ATCUD, certified-software requirements and filing deadlines. The Service's fiscal, invoicing, contract and tax tools are aids: you must check every document and figure before issuing or relying on it;
your dealer website: its content, its domain name, its legal notice, its privacy policy, its cookie notices and its compliance with the law;
the agreements you make with your own customers, and every obligation owed to them.

4.4. You represent and warrant that you hold every right, licence and consent needed for your content, including in photos, logos, brands, descriptions and personal data, and that our use of it under these Terms infringes no one's rights and breaks no law.

4.5. We do not review your content before it is published and have no duty to do so. We may still review, refuse, edit for format, unpublish or remove any content, without notice and without liability, if we believe it breaks these Terms, the law, a marketplace's rules or a third party's rights, or puts the Service or anyone else at risk.

4.6. Backups are yours. We take reasonable steps to protect your content, but the Service is not a backup or archive. Keep your own copies of everything that matters to you. We are not liable for any loss, corruption or deletion of content, except as section 12 provides.

5. Valuations, market data and AI

5.1. Estimates, not advice. Valuations, price suggestions, market data, statistics, trends, rankings, recommendations and any content generated by AI are produced automatically from incomplete data, models and assumptions. They are estimates. They may be wrong, outdated, incomplete or biased, and they are not financial, legal, tax, valuation or professional advice. You decide, and you alone are responsible for, every price, purchase, sale and other decision you make, whether or not you relied on the Service.

5.2. AI output. Descriptions, translations, summaries, replies, extracted data and other AI output may be inaccurate, may resemble content produced for others, and may not be protected by intellectual-property rights. You review and correct AI output before you use, publish or send it, and you are responsible for it as if you had written it.

5.3. Connected AI assistants. If you or your Users connect an AI assistant (such as Claude, ChatGPT or Gemini) to the Service through a connector or the Model Context Protocol, that assistant acts on your instructions with the permissions of the User who connected it. Every action it takes, including creating, changing, publishing, deleting or sending anything, is treated as your own action. The assistant's provider is not our subcontractor. Its own terms and privacy policy apply between you and that provider, and you are responsible for what you share with it.

5.4. Market data licence. Market data is licensed to you, for the term of your plan, for internal use in your own dealership only. You may not resell, sublicense, publish, redistribute, systematically extract or use it to build a competing product or dataset. Market data is assembled from public sources, without any warranty that it is complete or accurate.

6. Marketplaces, promotion and your dealer website

6.1. Marketplaces. Publishing to a marketplace is subject to that marketplace's own terms, rules, fees and technical requirements, which you accept and comply with directly. We are not a party to your relationship with any marketplace. We do not guarantee that a listing will be accepted, published, kept online, correctly displayed, ranked or synchronised. We are not liable for any rejection, delay, error, delisting, suspension of your account, fee or change made by a marketplace, or for the end of any integration.

6.2. Promotion and advertising. In-app promotion and advertising place your vehicles or messages among results at our discretion, according to our ranking and slotting rules, which we may change at any time. We guarantee no placement, position, number of impressions, clicks, leads, enquiries or sales. You are responsible for the lawfulness of your promoted content and of any advertising you buy.

6.3. Dealer website and domains. We host your dealer website on our platform and, if you connect one, on your own domain. You keep control of, and responsibility for, your domain registration, its DNS and its renewal. We may refuse or disconnect a domain, and suspend the website, if it breaks these Terms or the law. The website's legal notice, privacy policy and its relationship with its visitors are yours: for the personal data of your website's visitors, you are the controller and we act as your processor under the Data processing agreement.

7. Acceptable use

You will not, and will not let anyone else:

advertise, sell or broker stolen, cloned, unroadworthy, illegally imported or otherwise unlawful vehicles, or vehicles you have no right to sell;
publish false, misleading or incomplete information, including tampered or misrepresented mileage, hidden damage, false history, fake prices, bait offers, or vehicles that are not genuinely available;
discriminate against anyone, harass them, or send spam or unsolicited messages through the Service;
upload malware, or content that infringes rights, is unlawful, defamatory, obscene or offensive, or contains other people's personal data without a lawful basis;
copy, scrape, crawl, mirror or systematically extract any part of the Service, its data or other dealers' content, by bots or by any other automated means, except through the interfaces we provide and within their limits;
reverse engineer, decompile, disassemble, or try to derive the source code, models or data of the Service, except where mandatory law allows it despite this clause;
probe, scan, load test, benchmark or test the security of the Service without our prior written consent, or publish benchmarks of it;
interfere with, overload, or disrupt the Service, or bypass any limit, plan restriction, access control, rate limit or security measure;
share accounts or credentials, resell or sublicense access to the Service, or use it to provide a service to third parties, except as the Service's features expressly allow;
use the Service, or anything derived from it, to build or train a competing product, model or dataset;
use the Service in breach of any law, sanction or export restriction.

8. Suspension and termination

8.1. By you. You may stop using the Service and close your dealership at any time. Section 3 governs paid plans.

8.2. Suspension by us. We may suspend or limit the Service, your dealership, a User or any content, immediately and without notice, if:

you breach these Terms or fail to pay;
we reasonably suspect fraud, abuse or unlawful activity;
your use creates a security, legal or operational risk to us, other customers or third parties;
a court, authority or marketplace requires it.

We may restore the Service once the cause has been remedied. Suspension does not stop fees from accruing.

8.3. Termination by us. We may terminate the contract:

immediately, by notice, for a breach described in section 8.2 or any other material breach;
at any time and for any reason, on 30 days' notice. For this kind of termination only, we refund the unused part of any fees you have prepaid.

8.4. After termination. Your right to use the Service ends at once. For 30 days afterwards (except after termination for your breach, or where the law prevents it), you may ask us to provide an export of your content in a standard format we choose. After that period we may delete your content permanently, except where the law requires us to keep it. Sections 3 (as to amounts owed), 4.2 (as to aggregated and de-identified data), 4.3 to 4.6, 5, 7 and 9 to 16 survive termination.

9. Intellectual property and feedback

9.1. The Service, its software, models, databases, design, texts, brands and documentation belong to Mycarro or its licensors and are protected by law. Apart from the limited, revocable, non-exclusive and non-transferable right to use the Service under these Terms during your plan, you receive no rights in them.

9.2. If you or your Users send us suggestions, ideas or feedback, we may use them freely, without any obligation or payment to you.

9.3. You allow us to name your dealership as a customer and to show its public logo in our marketing, until you ask us in writing to stop.

10. Confidentiality

Each party keeps the other's non-public information that it receives in connection with the Service confidential, and uses it only to perform the contract. This does not cover information that is or becomes public through no fault of the receiving party, that it already had or develops independently, or that it must disclose by law or by order of an authority. In that last case it discloses only what is required, and gives notice where it is allowed to.

11. Disclaimer of warranties

To the fullest extent permitted by law, we disclaim every warranty, condition and representation, whether express, implied or statutory. This includes warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, title and non-infringement, and any warranty that the Service will be uninterrupted, timely, secure, error-free, free of harmful components, or compatible with your systems, or that any data or result will be accurate or complete.

12. Limitation of liability

12.1. Excluded losses. To the fullest extent permitted by law, we are not liable, whatever the cause and the legal basis (contract, tort, negligence, strict liability or otherwise), for any:

indirect, incidental, special, consequential, exemplary or punitive loss;
loss of profits, revenue, sales, business, contracts, customers, goodwill or anticipated savings;
loss, corruption or unavailability of data or content;
cost of substitute services;
loss resulting from your content, your decisions, a marketplace, an AI assistant you connected, or the acts of your Users or customers.

This applies even if we were told such loss was possible.

12.2. Cap. To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the Service and these Terms, for all claims and events together, is limited to the fees you actually paid us for the Service in the 12 months before the event that first gave rise to liability. On the Free plan, or if you have paid nothing, it is limited to €100.

12.3. Time limit. You must bring any claim against us within one year of becoming aware, or of when you should have become aware, of the facts that give rise to it, failing which it lapses, to the extent the law allows such a limit.

12.4. What is not limited. Nothing in these Terms excludes or limits liability for wilful misconduct (dolo) or gross negligence, for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be excluded or limited under applicable law, including the Portuguese law on standard contract terms. Where the law allows liability to be limited only partly, it is limited to the greatest extent permitted.

12.5. These limitations are an essential basis of the bargain between the parties and are reflected in the price of the Service.

13. Indemnity

You will defend, indemnify and hold harmless Mycarro, its affiliates, officers, employees and subcontractors from and against every claim, demand, action, fine, penalty, loss, damage, liability, cost and expense (including reasonable legal fees) arising out of or relating to:

your content;
your vehicles, sales, offers and dealings with your customers;
your dealer website and domain;
your use of marketplaces and AI assistants;
your Users' acts;
your breach of these Terms, the Data processing agreement or the law;
any allegation that your content or its use under these Terms infringes rights or breaks the law.

We will tell you about the claim and may take part in, or take over, its defence at your expense. You may not settle a claim that imposes any obligation or admission on us without our prior written consent.

14. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control. These include natural events, epidemics, war, terrorism, civil unrest, strikes, acts of authorities, failures of the power grid, the internet, telecommunications, hosting, cloud or payment providers, cyberattacks, and failures or changes of third-party services, marketplaces or AI providers.

15. Changes to these Terms

We may change these Terms at any time. We will post the new version on this page with its effective date. If a change is material, we will also tell you at least 30 days in advance, by email or in the dashboard, unless a change in the law or a security need requires a shorter period. If you do not accept the change, your only remedy is to cancel your plan and stop using the Service before it takes effect. By continuing to use the Service after the effective date, you accept the new Terms. We may also ask you to accept the new version expressly before you continue using the Service.

16. General

16.1. Entire agreement. These Terms, together with the Data processing agreement, the Privacy policy, the plan and prices shown at checkout and any order form we sign, are the entire agreement between the parties on their subject matter. They replace every earlier proposal, representation or agreement. Any terms you send us, including in purchase orders, do not apply even if we do not reject them.

16.2. Order of precedence. In case of conflict, an order form signed by both parties prevails, then the Data processing agreement (for data protection only), then these Terms, then the Privacy policy.

16.3. Assignment. You may not assign or transfer the contract or any right under it without our prior written consent. We may assign or transfer it, wholly or partly, to an affiliate or to a successor in a merger, acquisition, reorganisation or sale of assets, and we may subcontract any part of the Service.

16.4. Severability. If any provision is held invalid or unenforceable, it is reduced to the extent necessary for it to be valid, or replaced by a valid provision that comes closest to its purpose, and the rest of these Terms remain in force. Article 292 of the Portuguese Civil Code does not lead to the invalidity of the whole contract.

16.5. No waiver. A failure or delay in exercising a right is not a waiver of it.

16.6. Notices. We may send notices to the email address of your dealership's owner or administrator, or in the dashboard, and they count as received on the day they are sent. You send notices to [email protected].

16.7. Electronic acceptance and records. You agree that your electronic acceptance binds you as a signed document would, and that our electronic records of acceptance, of activity and of communications are valid evidence of them.

16.8. Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship, and there are no third-party beneficiaries.

16.9. Language. These Terms are drawn up in English and translated for convenience. If the versions conflict, the English version prevails.

16.10. Governing law and jurisdiction. These Terms, and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes), are governed by the laws of Portugal, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of the judicial district (comarca) of Faro, Portugal, have exclusive jurisdiction, and each party waives any other jurisdiction. We may nevertheless seek interim or injunctive relief, or recover amounts owed, in the courts of your domicile.

17. Contact

Questions about these Terms: [email protected] or our contact form.