Terms of Use

CarPay Services and Carpay Shop

Last Updated: July 14, 2026

Introduction

These Terms of Use and the documents incorporated by reference (collectively, the “Terms”) form a contract between each end user (“User,” “you,” or “your”) and CarPay, Inc. (“CarPay,” “we,” “us,” or “our”) governing access to and use of our mobile applications, software, and websites, including www.carpay.com, pay.carpay.com, dealers.carpay.com, signups.carpay.com, shop.carpay.com (“Carpay Shop”), and shop-dealers.carpay.com (collectively, the “Site”), and the Services defined below.

Some sites, applications, products, services, or tools may have additional terms presented when you use them. CarPay provides software that helps Dealers and Customers manage payment instructions, communications, and vehicle-account administration. Carpay Shop displays vehicle inventory and enables Shoppers to contact third-party Dealers.

CarPay does not sell vehicles or provide financing, lending decisions, credit evaluation, credit reporting, or underwriting. CarPay is not a car dealership. Dealers and their providers control vehicle availability, pricing, financing, and transactions.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE LIMITATIONS OF LIABILITY AND DISPUTE PROVISIONS.

BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO THESE TERMS. WHERE THE SITE PRESENTS A CHECKBOX, BUTTON, OR OTHER ACTION THAT EXPRESSLY STATES YOU AGREE TO THESE TERMS (FOR EXAMPLE, WHEN YOU SUBMIT AN INQUIRY, CREATE AN ACCOUNT, OR MAKE A PAYMENT), YOUR ACCEPTANCE IS ADDITIONALLY CONFIRMED BY TAKING THAT ACTION. BROWSING PUBLIC CARPAY SHOP PAGES ALONE DOES NOT MEAN YOU HAVE CONSENTED TO MARKETING CALLS OR TEXTS. BY USING THE SITE OR SERVICES, YOU REPRESENT AND AGREE THAT YOU:

HAVE READ AND UNDERSTOOD THESE TERMS,
PROVIDE INFORMATION THAT IS ACCURATE TO THE BEST OF YOUR KNOWLEDGE,
ARE AT LEAST 18 YEARS OLD IF YOU CREATE AN ACCOUNT, SUBMIT AN INQUIRY, MAKE A PAYMENT, OR TAKE ANY OTHER CONTRACTUAL ACTION,
HAVE AUTHORITY TO ACT FOR ANY ENTITY YOU PURPORT TO BIND, AND
WILL COMPLY WITH LAWS THAT APPLY TO YOUR USE OF THE SITE AND SERVICES.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU USE THE SITE FOR AN ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY.

I. Definitions

As used herein, the following capitalized terms not otherwise defined in these Terms shall have the meanings set forth as follows:

“Content” means all data, information, text and other materials uploaded, downloaded, appearing on, accessed or transmitted using the Site or Services, whether by us or a User.

“Customer” means an individual who is a borrower or obligor of a Dealer and whose information is stored, processed, or transmitted through the Services, including without limitation individuals who: (i) register for an account with CarPay; (ii) access the Services on a guest or limited basis using authentication methods such as last name and partial identification information; or (iii) do not register for an account but receive communications, payment requests, or payment confirmations through the Services.

“Feedback” means any information you provide to us about the Site or Services, as a comment or evaluation.

“Listing” means vehicle descriptions, images, availability, prices, down payments, payment figures, and related information displayed on Carpay Shop. A Listing may be an Estimated Listing or a Dealer-Confirmed Listing.

“Estimated Listing” means a Listing compiled from Dealer-provided, Dealer-published, or other permitted data that has not been specifically confirmed by a participating Dealer for display on Carpay Shop.

“Dealer-Confirmed Listing” means a Listing whose identified data a participating Dealer has provided or confirmed for display, subject to any conditions stated with the Listing.

“Services” means any and all services, features, tools, software, developer platform functionalities, mobile applications, and functionalities as may be provided by or on behalf of us through the Site from time to time.

“Shopper” means an individual who browses, searches, or submits an inquiry through Carpay Shop, whether or not that individual registers for an account.

“Dealer” means an automobile dealer or other vehicle seller that uses the Services, provides or authorizes Listing information, claims or manages a Carpay Shop page, receives Shopper inquiries, or uses CarPay’s payment, communications, or account-administration tools.

“User” means “you,” the user of the Site and Services, whether you are a visitor (“Visitor”) using the Site or Services, a Customer, a Shopper, or a Dealer.

“User Data” means information relating to Users, including Personal Information, device data, communications, payment-related information, vehicle-account information, and records generated through use of the Services, whether provided by a User or Dealer or generated by CarPay.

For clarity, CarPay may collect, store, and transmit personal information and identification data (including contact information, address, government-issued identification numbers, device data, and payment-related information) at the direction of or on behalf of Dealers for administrative, payment, servicing, identity verification, recordkeeping, fraud prevention, and compliance purposes. CarPay does not use such information to evaluate creditworthiness, obtain credit reports, or make lending decisions.

II. The Services and Tools

A. The Services

CarPay is the developer of the Site and the Services. The Services constitute software tools that facilitate payment instructions routed to independent third-party payment processors, messaging and communication services (including SMS, email, and IVR), automatic payment scheduling, reporting, and other related administrative and servicing functions.

CarPay provides technology and marketplace tools. Except where CarPay expressly states otherwise, it does not own, sell, inspect, appraise, finance, or take possession of vehicles; make credit decisions; or act as a party to transactions between Users and Dealers.

The following terms apply to Dealers:

If you are a Dealer, you are responsible for ensuring that User Data and information you provide through the Services are accurate, complete, current, and lawfully obtained. You may use User Data only for the applicable payment, account administration, support, Shopper inquiry, and other lawful purposes for which it was provided.

You agree that you will use User Data in accordance, and you are solely responsible for your compliance, with all applicable laws and regulations, including without limitation, the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq., the Direct Communications Laws (as defined below), the California Consumer Privacy Act, and other applicable privacy laws (“Privacy Laws”) and your privacy policies. Without limiting the foregoing, you agree to (1) maintain and publicly post on your website a privacy policy that complies with the Privacy Laws and (2) agree to give all notices and obtain all consents as may be required under the Privacy Laws in connection with your use of the Services; your collection, use, and disclosure of the User Data; your marketing and other communications with Visitors or Customers via any channel; and CarPay’s collection, use, and disclosure of User Data as contemplated by these Terms and described in CarPay’s Privacy Policy (https://shop.carpay.com/privacy).

Autopay authorization and reliance

If you initiate, configure, or enable automatic or recurring payments (“Autopay”), you represent that you obtained and will retain every authorization required by law and payment-network rules and that the schedule and amount presented to the Customer are accurate. CarPay may rely on your instructions, but nothing in these Terms limits a Customer’s nonwaivable rights concerning unauthorized electronic fund transfers, billing errors, revocation, chargebacks, or payment disputes.

A Dealer’s responsibility for claims arising from missing or defective Autopay authorization is addressed in Section V.C and any separate Dealer agreement.

The following terms apply to Customers:

If you are a Customer, information you submit for vehicle-account administration, payment, or Dealer communication will be disclosed to the applicable Dealer and service providers as described in the Privacy Policy. CarPay does not evaluate your creditworthiness or make lending decisions. You are responsible for providing information that is accurate to the best of your knowledge.

B. Payment Terms

Independent third-party payment processors process payments initiated through the Site. Payments are also subject to the processor’s terms and the terms governing your payment method. The checkout screen controls the amount, timing, and any disclosed fee you authorize for a particular transaction.

CarPay provides payment-instruction software and does not receive, hold, or control settlement funds or act as merchant of record unless expressly disclosed at checkout. Dealers and their payment processors control settlement, refunds, chargebacks, and payment disputes, subject to applicable law.

Your card issuer may treat some transactions as cash advances or impose fees under its agreement with you. A processor may submit a zero-dollar or low-dollar authorization to validate a payment method when disclosed and permitted. CarPay is not responsible for fees imposed independently by your bank, card issuer, Dealer, or processor.

The following terms in this Section II.B. apply to Customers:

When you submit a payment, you authorize the applicable Dealer and payment processor, acting through CarPay’s software, to charge or debit the Total Payment shown at checkout. Any convenience fee must be disclosed before submission and may be processed separately if the checkout screen says so. You also authorize credits for reversals, refunds, and adjustments.

A receipt confirms submission or processing status, not necessarily final settlement. Settlement timing may vary. A failed payment may be retried only as disclosed, authorized, and permitted by law. CarPay does not itself assess NSF, retry, or penalty fees. Refunds, reversals, and disputes are governed by applicable law, the Dealer’s disclosed policy, processor and payment-method rules, and any rights that cannot be waived by contract.

Payment Data Security and PCI DSS Responsibility. CarPay does not store, process, or transmit raw primary account numbers; payment credentials are tokenized at the point of capture by PCI DSS-compliant payment processors and vaulting providers. CarPay is responsible for the security of cardholder data and Service components within its control and maintains compliance with the PCI DSS requirements applicable to the Services it provides. Responsibility for the security of cardholder data that CarPay does not handle, including data handled under a Dealer’s own merchant-account and payment-processor agreements, remains with the Dealer and its respective service providers.

C. Access to Services and Tools

For so long as you agree to these Terms and abide by them, and unless these Terms or your access to the Site or Services is terminated as provided herein, you may use the Site and Services. These Terms apply to all Users of the Site and/or the Services. Subject to compliance with these Terms, we grant you a limited, non-exclusive, nontransferable, revocable, personal license to download, install and operate any tools, software, scripts, video, data feeds and any other copyrightable content that we may from time to time have specifically identified within the Site as available for download and subject to the terms of the license accompanying such tools (collectively, “Tools”).

As such, you agree that in addition to these Terms, the Tool(s) may be subject to additional licensing terms available to you upon download. You understand that if, upon download of any Tool(s), you are prompted to accept additional terms applicable to such Tool(s) you must review and accept such additional terms before we allow you to proceed with your download. Please read any additional terms carefully.

D. Users

Visitors may browse the Site in accordance with these Terms, but will not have full access to the Services without first becoming a registered Customer or Dealer. In order to use the Services available to a Customer or Dealer, you are required to set up an “Account” directly with CarPay. When you set up an Account, you are required to complete a personal profile, which may include, but is not limited to, information such as your full name, email address, date of birth, physical address, contact phone number, vehicle information, and financial information, such as credit card information and bank account information. You are also required to select a password to access the Services.

CarPay has the sole authority and discretion whether or not to permit you to access the Site as a Customer or Dealer. In order for a Customer to add a Dealer’s account to the Customer’s Account, the Customer must either (i) log in to his or her Account using the last four digits of his or her social security number and last name or (ii) add a registration code to his or her Account. The registration code is provided directly from the Dealer to the Customer, either via email, phone, or in writing. The registration code once added to a Customer’s Account will allow the Customer to view the account and use the Services relating to such account.

CarPay is not responsible for making registration codes available to Customers. You are solely responsible for any and all use of your Account and all activities that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any users accessing the Site or Services under your Account that, if undertaken by you, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that your Account is being used without authorization.

You agree not to register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. Individuals and/or entities whose access to the Site or use of the Services have previously been terminated by CarPay may not register for a new account, nor may they designate other individuals to use an account on their or your behalf.

Unless otherwise permitted by CarPay in writing, you may only possess one Account. When you register for an Account or otherwise use the Services, you agree to use your real name and you agree that any information you submit about yourself is truthful and accurate. You warrant and represent that all information you provide to us on the Services is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. You agree to keep all payment information up-to-date. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Account, Site or Services (or any portion thereof) and any license(s) to the Tools.

E. Privacy

Our Privacy Policy at https://shop.carpay.com/privacy explains how CarPay processes Personal Information. A privacy policy is a notice, not a contract that a User accepts merely by using the Site.

F. Mobile Services / Applications

If you use a mobile device to upload or download Content, send or receive messages, browse the Site, or access mobile-application features (collectively, “Mobile Services”), you must have the subscriber’s permission and the required carrier service. You are responsible for carrier charges and complying with carrier terms.

The following terms in this Section II.F. apply to Dealers:

This section addresses the Telephone Consumer Protection Act, 47 U.S.C. § 227 and 47 C.F.R. § 64.1200; the Telemarketing and Consumer Fraud and Abuse Prevention Act and Telemarketing Sales Rule; the CAN-SPAM Act and regulations thereunder; and other applicable federal, state, and local communications laws and industry rules (collectively, “Direct Communications Laws”).

You hereby acknowledge that CarPay merely provides a platform for facilitating the sending of your emails, text messages and communications. You are solely responsible for any messages or communications that you initiate through your use of the Services or that are sent on behalf of your dealership, including without limitation, any emails or text messages to Customers or other consumers. You agree not to initiate messages or communications to your Customers beyond the frequency permitted by CarPay’s policies. You represent and warrant that you will not upload any third party list of contact information to the Services or otherwise engage in unsolicited email communications or text messaging in connection with the Services.

You agree to comply with all laws related to your use of the Services, including without limitation, the Direct Communications Laws applicable to the emails, text messages you initiate through your use of the Services or that we send on your behalf. Without limiting the generality of the foregoing, you represent and warrant that you will be solely responsible for (i) obtaining and documenting all legally required consents prior to initiating any email messages, text messages or other communications in accordance with the Direct Communications Laws, (ii) retaining proof of consents to receive text messages and email communications from you in connection with the Services for at least five (5) years from the applicable message or communication, (iii) to the best of your knowledge, keeping Customer contact information accurate, complete, and current on the Services, and (iv) honoring any requests opting out of receiving any such messages or communications by immediately updating such opt out information on the Services.

If a Customer replies to a text message you send through the Services, such reply messages will be made available to you on CarPay’s Dealer dashboard. You are solely responsible for updating your Customer’s contact information in CarPay if the Customer indicates to you that they want to opt-out from receiving messages. CarPay monitors message replies for opt-out phrases like “STOP”.

Without limiting your indemnification obligations under Section V.C below, you agree to be liable for, and indemnify and hold harmless, the CarPay Indemnitees (as defined below) from and against any and all damages, obligations, losses, liabilities, judgments, fees, fines, costs and expenses (including but not limited to reasonable attorneys’ fees) incurred by the CarPay Indemnitees arising from (1) any emails, text messages or other communications initiated through your use of the Services or sent on your behalf that allegedly violate any Direct Communications Laws or (2) your failure to comply with this Section II.F. The foregoing indemnification obligations shall survive the expiration or termination of these Terms of Use and the termination or discontinuance of your use of the Services.

CarPay reserves the right, at its sole and absolute discretion, to suspend or deny access to Customer contact information, suspend messaging and communication functions, and require proof of consent for any messages and communications. Upon request by CarPay, you agree to furnish within five (5) business days competent and reliable evidence of any legally required consent obtained from a Customer, or other person, who receives a text message or email communication in connection with the Services.

Calls placed or received through IVR features made available via the Services may be transcribed for operational, quality assurance, and compliance purposes. CarPay does not provide call recording services or biometric identification services. Dealers are solely responsible for providing any legally required notices or disclosures relating to call transcription or monitoring.

G. Carpay Shop Marketplace — Additional Terms

The following additional terms apply to Users of Carpay Shop (including Shoppers and Dealers), in addition to the other terms of these Terms of Use. In the event of a conflict, this Section II.G governs with respect to Carpay Shop. All other subdomains of the Site are governed by the generally applicable terms of these Terms of Use.

Carpay Shop displays Listings provided or authorized by Dealers or compiled from Dealer sources. Estimated Listings may contain unverified or derived information and are not Dealer offers. Dealer-Confirmed Listings contain information a participating Dealer has provided or confirmed, but remain subject to the conditions and limitations displayed with the Listing. Unless a Listing expressly states a specific guarantee and its conditions, CarPay does not guarantee price, down payment, payment amount, mileage, condition, features, photographs, or availability. Vehicles and terms may change or be withdrawn without notice. Payment or affordability figures are estimates, are not offers of credit, and may depend on taxes, fees, credit approval, financing terms, and Dealer verification.

CarPay is not a Dealer or lender and does not itself make credit decisions or conduct Shopper credit checks. Browsing or submitting a Carpay Shop inquiry does not involve a credit check by CarPay. Any financing is offered by a Dealer or its provider and may involve a credit review.

Inquiries and contact choices. When you submit an inquiry, you direct CarPay to disclose your inquiry information to the identified Dealer so CarPay and the Dealer can respond by the channels stated at submission. These Terms do not themselves provide consent for autodialed, artificial-voice, prerecorded, or telemarketing communications. If such consent is requested, it must be presented separately and conspicuously at the point of collection, identify the callers and technology as required, state that consent is not a condition of purchase, and be recorded. You may opt out of text messages by replying STOP; message and data rates may apply. You represent that the contact information you submit is yours or that you are authorized to use it.

Transactions are between you and the Dealer. Any test drive, appointment, negotiation, purchase, financing, or other transaction concerning a vehicle is solely between the Shopper and the Dealer. CarPay is not a party to, and has no responsibility or liability for, any such transaction, including vehicle condition, title, pricing, financing terms, disclosures required of dealers, or any dispute arising between a Shopper and a Dealer.

Dealer participation. A Dealer that claims or manages a Carpay Shop page represents that it has all rights needed for its Listings and grants CarPay a non-exclusive, worldwide, royalty-free license to host, reproduce, format, distribute, and display the Listing content to operate and promote Carpay Shop. The Dealer must keep Listings accurate and current; clearly disclose material price, availability, financing, and eligibility conditions; use Shopper inquiries only for the disclosed request and other lawful purposes; provide required privacy and communications notices; honor consent and opt-out requirements; comply with advertising, consumer-protection, privacy, communications, fair-lending, and nondiscrimination laws; and promptly correct or remove inaccurate content. Access, lead use, fees, and removal may also be governed by separate Dealer Marketplace Terms.

H. Age Restriction

Anyone may browse public portions of the Site. You must be at least 18 years old and legally able to contract to create an Account, submit a Carpay Shop inquiry, initiate a payment, or affirmatively accept these Terms.

I. General Restrictions on Use

When using the Site and Services, you agree not to:

remove or use any Content in any manner that (a) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (b) violates the privacy, publicity, or other rights of third parties; (c) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by CarPay in its sole discretion; (d) is false or inaccurate; or (e) violates any law, civil or criminal, or violates our policies;
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by CarPay;
decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site or the Services is compiled or interpreted;
copy, replicate, transcribe or reproduce the ‘look and feel’ of the Site, including its features and functionalities;
link to, mirror or frame any portion of the Site or Services;
use the Site or the Services for illegal purposes or for promotion of dangerous activities;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted or received;
upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

You agree not to use the Site or the Services to:

violate any applicable local, state, national, or international law or regulation, including privacy, consumer-protection, communications, intellectual-property, advertising, and financial-services laws;
stalk, harass or harm another individual;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
use the Site or Services to threaten, exploit, defraud, or facilitate harm to any person;
interfere with or disrupt the Site, the Services or servers or networks connected to either, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Services;
generate unsolicited email advertisements, chain letters, junk mail, spam or allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail or text messaging (spam);
attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
upload, post, email, transmit, distribute or otherwise make available any material that contains viruses, computer code or any other technologies that may harm us or the interests, Content or property of Users or limit the functionality of any software, hardware or other equipment;
circumvent, disable or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or Services or the Content therein.

Please be aware that it is a federal crime and a violation of 18 U.S.C. § 1030 (The Computer Fraud and Abuse Act) to intentionally access a computer without authorization and to knowingly cause damages.

III. Content and Ownership

A. User Provided Content

You retain ownership of Content you submit. You grant CarPay a non-exclusive, worldwide, royalty-free, sublicensable license to host, copy, process, format, transmit, display, and disclose that Content only as reasonably necessary to provide, secure, support, and improve the Services; comply with law; and exercise CarPay’s rights under these Terms. The license ends when the Content is no longer reasonably needed for those purposes, subject to legal retention requirements and copies in routine backups. Personal Information is also governed by the Privacy Policy.

CarPay may adapt Content for technical compatibility and disclose it to Dealers and service providers as needed for the Services. This provision does not grant CarPay the right to use the contents of a private Shopper inquiry in public advertising without separate permission.

You represent and warrant that: (i) you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases necessary to grant CarPay the license to the Content as set forth above; and (ii) neither the Content nor your submission, uploading, publishing or otherwise making available of such Content nor CarPay’s use of the Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

CarPay does not endorse any Content submitted to the Site or Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. CarPay does not permit copyright infringing activities and infringement of intellectual property rights on the Site and will remove Content if properly notified that such Content infringes on another’s intellectual property rights. We reserve the right to remove Content without prior notice.

B. Our Content

Content is provided by CarPay to you “AS IS”. You may access Content for your information and use solely as intended through the provided functionality of the Site and the Services and as permitted under these Terms. You shall not download any Content unless you see a “download,” “stream” or similar button or link displayed by CarPay on the Site or the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of CarPay or the respective licensors of the Content.

CarPay and its licensors reserve all rights not expressly granted in and to the Site, the Services and the Content. You understand that when using the Site and the Services, you will be exposed to Content from a variety of sources, and that CarPay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. Nothing in these Terms shall be deemed to confer any rights or benefits to third parties.

C. Feedback; Unavailability; Access to Diagnose Problems

Your Feedback is welcomed and encouraged. If we solicit your Feedback or opinion regarding any areas of our business, the Site or the Services, and if you want to send us your Feedback (and we hope you do) we simply request that you send it to us by emailing support@carpay.com. You hereby grant CarPay a perpetual, irrevocable, non-exclusive, fully paid and royalty-free license to use your Feedback for any purpose.

You acknowledge that the Site and Services may, from time to time, be unavailable (e.g., due to scheduled maintenance or system upgrades), and CarPay cannot, and does not, guarantee any specific minimum availability of the Site or the Services. You hereby expressly permit CarPay or its authorized contractors and partners to access Your Account and Content in order to investigate and diagnose actual or potential defects or other technical problems with the Site.

D. Ownership of the Site

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, the Services, the Content, and all tools, and all related intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to CarPay or its content providers are likewise subject to copyright protection domestically and internationally.

Likewise, all software, code, proprietary methods and systems used to provide the Site or the Services (“Our Technology”) may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology.

Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its “look and feel”, constitute trademarks, trade names, service marks, trade dress or logos (“Marks”) of us or other entities. All Marks not owned by CarPay that appear on the Site are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services.

E. Use of Third-Party Offerings

You may be able to access websites, content or services provided by third parties through links that are made available on the Site. For example, we may permit third parties with related services to link their products and services on the Site, and those links may redirect you to the website(s) of the third parties. Additionally, from time to time CarPay may refer you to one or more of our business partners who make available products or services through their respective websites or by other means.

We refer to all such other websites, content, services and products as “Third-Party Offerings.” If you elect to use such Third-Party Offerings, and/or if you elect to ‘click’ on a link or button, you understand that (i) you will be leaving our Site and (ii) your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, download content from or purchase any Third-Party Offerings.

The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies, terms of use, business practices or their compliance with laws. We do not exercise control over third party websites or services. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that CarPay is not responsible for nor will it be liable to you or any third party for your interaction with such third parties.

IV. Termination

These Terms become binding when you first access or use the Site or Services, or when you affirmatively accept them through a checkbox, button, or comparable mechanism, whichever occurs first. You may stop using the Site or Services at any time.

CarPay may suspend or terminate access for violation of these Terms, security risk, fraud, legal exposure, nonpayment, or discontinuation of a Service. Where reasonably practicable, CarPay will provide notice. Termination ends the license to use the affected Service but does not expand CarPay’s rights in User Content.

CarPay retains information after termination only as described in the Privacy Policy, required by law or contract, or reasonably necessary for security, dispute resolution, and enforcement.

CarPay may remove Content or restrict access to protect Users, enforce these Terms, comply with law, address infringement, or prevent harm to the Site or Services. CarPay may terminate repeat infringers in appropriate circumstances.

CarPay may remove Content that violates these Terms or applicable law, including unlawful, infringing, threatening, deceptive, abusive, or obscene material.

Provisions that by their nature should survive termination—including accrued payment obligations, ownership, disclaimers, liability limits, indemnification, and dispute terms—will survive.

V. Disclaimers, Limitation of Liability; Indemnity

A. No Warranties

THE SERVICES, THE SITE, THE TOOLS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CARPAY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. CARPAY DOES NOT WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR VIRUS FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT.

CARPAY IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES REGARDING, THIRD-PARTY OFFERINGS. CARPAY USES SAFEGUARDS DESIGNED TO PROTECT INFORMATION, BUT NO INTERNET TRANSMISSION OR STORAGE METHOD IS COMPLETELY SECURE. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES WILL BE COMPREHENSIVE OR ERROR-FREE.

WE MAY FILTER, FORMAT, CORRECT, OR REMOVE CONTENT. CARPAY DOES NOT CONTROL VEHICLE QUALITY OR SAFETY OR THE TERMS OF A DEALER TRANSACTION. ESTIMATED LISTINGS ARE UNVERIFIED; DEALER-CONFIRMED LISTINGS REMAIN SUBJECT TO THEIR DISPLAYED CONDITIONS AND DEALER VERIFICATION. EXCEPT FOR AN EXPRESS WRITTEN GUARANTEE IDENTIFIED ON A LISTING, CARPAY MAKES NO WARRANTY ABOUT VEHICLE ACCURACY, AVAILABILITY, CONDITION, PRICE, OR MERCHANTABILITY. CARPAY CANNOT ENSURE THAT A USER OR DEALER WILL COMPLETE A TRANSACTION.

WE CANNOT GUARANTEE THAT EACH USER IS WHO HE OR SHE CLAIMS TO BE. PLEASE USE COMMON SENSE WHEN USING THE SITE AND SERVICES. PLEASE NOTE THAT THERE ARE ALSO RISKS OF DEALING WITH UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSE, AND WE DO NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION OR OTHER USE OR ACCESS OF THE SITE BY PERSONS UNDER THE AGE OF 18 IN VIOLATION OF THESE TERMS. WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH EACH POTENTIAL CUSTOMER OR DEALER PRIOR TO ENGAGING IN AN ARRANGEMENT.

B. Limitation of Liability

USE OF THE SERVICES, THE SITE, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL CARPAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES OF ANY TYPE (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) IN CONNECTION WITH OR RELATED TO THESE TERMS, THE SITE, THE SERVICES, THE TOOLS, THE CONTENT, OR YOUR USE OF THE SITE, SERVICES, TOOLS, OR CONTENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF CARPAY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, CARPAY’S AGGREGATE LIABILITY FOR CLAIMS ARISING FROM THESE TERMS OR THE SERVICES WILL NOT EXCEED (I) FOR VISITORS, SHOPPERS, CUSTOMERS, AND DEALERS WITHOUT A PAID SUBSCRIPTION, $100, OR (II) FOR A DEALER WITH A PAID SUBSCRIPTION, THE AMOUNT PAID TO CARPAY IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT. CARPAY’S SERVICES MAY BE USED BY YOU TO MAKE AND RECEIVE PAYMENTS RELATING TO VEHICLES, BUT YOU AGREE THAT CARPAY SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OR CAR SERVICES PROVIDED TO YOU BY ANY THIRD PARTY PROVIDERS, INCLUDING DEALERS OR MANUFACTURERS, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND CARPAY RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND CARPAY WOULD NOT PROVIDE THE SITE, SERVICES OR CONTENT TO YOU WITHOUT THIS LIMITATION. THE PARTIES AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SPECIFIED IN THESE TERMS OF USE REPRESENT THE PARTIES’ AGREEMENT AS TO THE ALLOCATION OF RISK BETWEEN THE PARTIES IN CONNECTION WITH THE PARTIES’ OBLIGATIONS UNDER THESE TERMS OF USE AND THAT SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

USER ACKNOWLEDGES THAT CARPAY HAS INFORMED IT THAT CARPAY HAS SET ITS PRICES AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THESE TERMS OF USE. For the avoidance of doubt, CarPay does not receive, hold, transmit, or control funds, is not a merchant of record or payment facilitator, does not control settlement timing, and does not adjudicate or resolve chargebacks, refunds, or payment disputes. Any such matters are handled solely by the applicable Dealer and the independent third-party payment processor pursuant to agreements to which CarPay is not a party.

C. Indemnification

To the fullest extent permitted by law, a Dealer will defend, indemnify, and hold harmless the CarPay Indemnitees from third-party claims arising from the Dealer’s Listings, communications, unlawful use of User Data, missing payment or messaging authorizations, Dealer transaction, or breach of these Terms or law. A consumer User will indemnify the CarPay Indemnitees only from third-party claims arising from the User’s intentional unlawful conduct, fraud, or Content the User submitted that infringes another person’s rights. No indemnity applies to the extent a claim was caused by CarPay’s own breach, negligence, willful misconduct, or violation of law.

VI. Other Matters

A. Copyright

If you believe Content on the Site infringes a copyright, send a notice to CarPay’s designated copyright agent at CarPay, Inc., Attn: Copyright Agent, 362 Gulf Breeze Parkway, Suite 411, Gulf Breeze, FL 32561, United States, or by email at support@carpay.com. The notice must identify the copyrighted work; identify and locate the allegedly infringing material; provide your contact information; state your good-faith belief that the use is not authorized; state under penalty of perjury that the notice is accurate and that you are authorized to act; and include your physical or electronic signature. CarPay may send the notice to the submitting User. A User may submit a counter-notice containing the information required by 17 U.S.C. § 512(g). CarPay may restore material as permitted by law and may terminate repeat infringers in appropriate circumstances.

B. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CarPay without restriction.

C. Electronic Communications

CarPay may provide communications electronically. Where law permits, you agree that electronic communications satisfy writing requirements. This section does not replace any separate consent, hardware/software disclosure, withdrawal procedure, or paper-copy right required by the federal E-SIGN Act or other applicable law for a particular transaction.

D. Abuse

Please report any problems, offensive content, policy violations and/or abuse to us at support@carpay.com.

E. Modifications to Terms

CarPay may update these Terms. We will post the revised Terms and update the Last Updated date. If a change is material, we will provide notice and obtain affirmative acceptance where required by law or where the change affects an existing contractual relationship. Posting alone will not retroactively change completed transactions.

Additional terms may govern particular Services. If additional terms conflict with these Terms, the more specific terms govern for that Service. CarPay may require affirmative acceptance before continued use.

F. Modifications to Services

CarPay may modify or discontinue the Site or Services, subject to contractual commitments and applicable law. If a modification materially affects a paid Service, any notice or remedy is governed by the applicable order form or Dealer agreement.

G. Disputes

These Terms are governed by Florida law, without regard to conflict-of-law rules, except to the extent another jurisdiction’s nonwaivable law applies. Subject to any valid arbitration agreement separately accepted by the parties, claims may be brought in state or federal courts located in Santa Rosa County, Florida. Nothing prevents an eligible party from bringing an individual claim in small-claims court or seeking relief that cannot lawfully be waived.

To the extent permitted by law, a claim must be filed within one year after it accrued; this period does not shorten any limitation period that cannot lawfully be shortened. The parties submit to personal jurisdiction in the courts identified above.

H. No Agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

I. Payments, Refunds, and Reversals

CarPay does not adopt a universal no-refund rule for Dealer payments. Refunds, reversals, chargebacks, unauthorized-payment claims, and billing-error rights are governed by applicable law, payment-network and processor rules, the Dealer’s disclosed policy, and any separate agreement. Contact the Dealer first about a transaction-specific refund; contact your financial institution as needed to exercise rights provided by law or your account agreement.

J. General Agreement

The Services are operated from the United States. If you access them from another country, information may be processed in the United States as described in the Privacy Policy. You are responsible for complying with laws that apply to your use.

These Terms, the Privacy Policy, and any applicable order form, Dealer agreement, checkout authorization, feature-specific terms, or other terms incorporated by reference form the agreement concerning the applicable Service. A more specific agreement controls to the extent of a direct conflict.

A waiver must be in writing and does not waive any later breach. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. Headings are for convenience only.

Questions about these Terms? Contact CarPay at support@carpay.com, 1-877-388-4265, or 362 Gulf Breeze Parkway, Suite 411, Gulf Breeze, FL 32561, United States.