OfferFlow Terms of Service

1. About These Terms

These terms are an agreement between your dealership ("you") and Nivec Corp., an Ontario corporation operating as Move Your Metal (moveyourmetal.com) ("we" or "us"). They apply to OfferFlow. You accept them when you sign a quote or order that refers to them, or when you start using OfferFlow. If a signed agreement between us says something different, the signed agreement applies.

2. The Service

OfferFlow is a managed service. From the offer details you send us, we build and update an offers page, landing pages for individual offers, banners, pop-ups, offer browsers and email templates. OfferFlow runs on your existing website through a script your website provider adds. Design and customization to fit your site and brand are included in your monthly fee.

3. Your Offers and Your Responsibilities

• You supply and approve every offer detail: vehicles, prices, payments, rates, terms, dates, disclosures and VINs.
• You are responsible for making sure each offer is accurate and follows the law, including the motor vehicle advertising rules where you do business (such as provincial all-in pricing rules in Canada, and federal and state advertising rules in the United States), and your manufacturer's program and co-op rules.
• We publish offers as you supply and approve them. We do not check them for accuracy or legal compliance.
• Please review offers when they go live and tell us about any error right away. We correct errors during business hours, weekdays 9 to 5 ET.
• You confirm you have the right to use any images, logos and other materials you send us.

On VIN-specific offers we watch your inventory and tell you when a vehicle sells. This is a courtesy to help you, and you remain responsible for keeping offers current.

4. Email Templates

We provide email templates for you to paste into your own email system. We do not send emails for you. You are responsible for what you send, who you send it to, and following the email laws that apply to you, such as Canada's Anti-Spam Legislation (CASL) and the U.S. CAN-SPAM Act, including having any required consent and unsubscribe option.

5. Your Website and Shopper Information

Shoppers send their details through your website's own forms, and that information goes to you. It never passes through our systems: we do not collect, receive or store shoppers' names, email addresses, phone numbers or other personal information. OfferFlow's activity tracking reports into your own Google Analytics 4 property. Our servers deliver OfferFlow's files and, like any web server, may keep standard technical logs; we do not use them to identify shoppers.

You are responsible for your website's privacy policy and any cookie or consent notices. Your website provider controls your website, and we are not responsible for changes they make that affect OfferFlow.

6. Fees and Billing

• Your monthly fee is set out in your quote or order. Applicable taxes are extra.
• We charge your credit card automatically on the 1st of each month for that month's service. You authorize these recurring charges until you cancel.
• If a payment fails, we will let you know. If it is not resolved, we may pause the service until it is.
• We will give you at least 30 days' notice by email before changing your fee.
• Fees already charged are not refundable, including for part of a month.

7. Cancelling

You can cancel at any time by email. Your service continues until the end of the month you have paid for, then stops, and you are not charged again. When the service stops, OfferFlow content no longer appears on your website, and you can ask your website provider to remove the script.

We may end the service with 30 days' notice. We may suspend or end it right away if payment is not made, or if we are asked to publish something we reasonably believe is unlawful or misleading.

8. Ownership

You own your brand, your offers and the materials you send us, and you allow us to use them to provide OfferFlow. We own OfferFlow, including its software, page designs, templates and code. While your service is active, you may use everything we deliver. You may keep using email templates we delivered for the offers they were made for.

9. Other Companies' Services

OfferFlow works alongside services run by other companies, such as your website provider, Google, Meta and your email system. We are not responsible for their outages, policy changes or decisions, including whether they approve an ad.

10. No Guarantee of Results

We work to keep OfferFlow running and up to date, but we do not guarantee it will always be available or error-free. Results such as leads, conversion rates and cost per lead depend on many things outside our control, and any figures we share are examples, not promises.

11. Limit of Liability

To the extent the law allows, our total liability to you for any claim related to OfferFlow is limited to the fees you paid us in the three months before the claim. We are not liable for indirect losses, such as lost profits, lost sales or lost data.

12. Your Responsibility for Claims

You agree to cover our reasonable costs, including legal fees, if someone makes a claim against us because of your offers, the materials you supplied, emails you sent, or your breaking these terms.

13. Confidentiality

We each keep the other's non-public business information, such as pricing and unreleased offers, confidential, and use it only to provide or use OfferFlow.

14. Changes to These Terms

We may update these terms. We will email you at least 30 days before a change takes effect. If you keep using OfferFlow after that, the updated terms apply. If you do not agree, you can cancel as described in section 7.

15. Governing Law

These terms are governed by the laws of Ontario and the federal laws of Canada that apply there. Any dispute will be handled by the courts of Ontario.

16. Contact Us

Questions about these terms? Call +1 (888) 821-0740 or use the contact form on our website.