Terms of Service

1. Parties

These Terms of Service (“Terms”) are a contract between DealerKey Auto, a Utah motor-vehicle dealer with principal place of business at 1096 N 450 W, Springville, UT 84663 (“DealerKey,” “we,” “us”), and the individual or entity accessing dealerkeyauto.com (the “Site”) or purchasing any service described below (“you,” “Client”).

DealerKey operates under Utah Motor Vehicle Enforcement Division (MVED) dealer license #[LICENSE_TBD] and carries the bond required by Utah Code §41-3-205.

2. Eligibility

You must be at least 18 years old, legally able to enter a contract, and not prohibited from doing so under the laws of your jurisdiction. You represent that all information you provide to DealerKey is true and current.

3. The Services

DealerKey offers four distinct services:

1. Free Search. Public, unauthenticated access to wholesale auction inventory data, partial VINs, limited SMS alerts, and market-movers emails.
2. Auction Insider Subscription. Authenticated access to full VINs, unlimited saved searches, CSV export, and expanded alerts.
3. Deal Analyst Subscription. Everything in Auction Insider plus arbitrage scoring, DealerKey drive-out calculations, condition report access, a set number of human-reviewed VIN deep-dives per month, and credit toward the Done-For-You fee as described on the pricing page.
4. Done-For-You Bid Service. DealerKey acts as your buyer’s agent at dealer-only wholesale auctions, executes bids at a Client-approved target price, handles Utah MVED title + registration, coordinates inspection, and delivers the vehicle within the service area published on the pricing page.

Current pricing, service-area distances, included items, and founding-member rates for each tier are published at /pricing and are incorporated by reference. Pricing may change on notice as described in Section 21.

Services 1–3 are software-as-a-service offerings. Service 4 is a licensed motor-vehicle dealer transaction governed by additional disclosures at /legal/dealer-disclosures.

4. Subscription Billing & Cancellation

Auction Insider and Deal Analyst subscriptions renew automatically each month until you cancel. You may cancel at any time from your account page or by emailing dallin@dealerkeyauto.com. Cancellation stops the next renewal; your current billing period remains active through its end date.

Founding-member lifetime rates (where offered) stay locked only so long as the subscription remains continuously active. A lapsed subscription re-subscribes at the then-current standard rate.

Payments are processed by Stripe, Inc. DealerKey does not receive or store card numbers. You authorize DealerKey (via Stripe) to charge the payment method on file for recurring fees until cancellation.

30-day money-back guarantee (first month only). If you cancel within 30 days of your first paid subscription month, we refund 100% of that month’s fee on request. The guarantee does not apply to renewal months.

5. Done-For-You Bid Service

The flat service fee (as published at /pricing) is billed only when DealerKey wins a vehicle on your behalf at auction. No fee is charged for unsuccessful bid attempts. If three sales pass without a win against the agreed target price, Client may end the engagement with no fee owed.

Client must execute a separate Bid Authorization Agreement specifying: the target vehicle(s) (year, make, model, trim, mileage band), maximum approved bid (inclusive of auction buy fee and taxes), and delivery ZIP. DealerKey will not bid outside those limits without written Client approval. Bid authorizations expire 30 days after signing unless extended.

Costs not included in the flat service fee:

• Hammer price, auction buy fee, and applicable Utah sales tax;
• Post-sale inspection (paid to the auction directly at the auction’s published rate);
• Long-haul transport beyond the included service-area distance, charged per loaded mile at the rate published on the pricing page;
• DMV registration fees owed to the State of Utah;
• Any Client-ordered third-party inspection, pre-purchase test drive, or independent mechanical evaluation.

DealerKey does not sell financing, gap insurance, extended warranties, or service contracts, and receives no commission, kickback, or referral fee from transporters, inspectors, lenders, body shops, or any downstream provider.

6. Buyer’s-Agent Relationship & Title Flow

When DealerKey wins a vehicle on your behalf, the auction transacts title to DealerKey as the licensed dealer of record. DealerKey then transfers title to the Client by a Utah MVED bill-of-sale and title reassignment. Client is responsible for executing all DMV forms presented at delivery.

DealerKey’s role is limited to acting as Client’s buyer’s agent for the specific vehicle described in the Bid Authorization. DealerKey does not take beneficial ownership, does not market the vehicle to other buyers, and does not carry the vehicle as lot inventory.

7. AS-IS Sale & No Implied Warranties

Every vehicle purchased through the Done-For-You service is sold AS-IS, WHERE-IS, with no implied warranties of merchantability or fitness for a particular purpose. Any applicable manufacturer warranty pass-through is independent of DealerKey.

DealerKey is a transactional buyer’s agent, not a retail used-car lot. DealerKey does not recondition, detail, service, repair, or inspect vehicles beyond what the auction’s optional post-sale inspection provides. See /legal/dealer-disclosures for the Federal Trade Commission Used Car Rule Buyers Guide and the auction announcement disclosure.

8. Data & Pricing Accuracy

DealerKey sources wholesale market value data (MMR), retail comparable listings, and NADA / J.D. Power benchmarks from third-party providers. This data is provided on an informational basis only and may contain errors, latency, or gaps. Subscription and arbitrage scores are not investment advice, appraisals, or guarantees of resale value.

Auction inventory refreshes on a rolling schedule. Vehicles displayed on the Site may sell, be withdrawn, or change condition between refreshes. DealerKey does not guarantee availability of any listed unit.

9. Acceptable Use

You will not:

• Scrape, mirror, redistribute, or resell DealerKey data or arbitrage scores without a written Dealer Services Agreement (see /legal/dealer-services-agreement);
• Share subscription credentials with anyone outside your household or single dealership entity;
• Use the Service to stalk, harass, or identify the seller, prior owner, or occupants of any vehicle;
• Reverse-engineer, decompile, or probe the Site’s security;
• Submit false identity, payment, or bid-authorization information.

Violations may result in immediate suspension with no refund.

10. Intellectual Property

All Site content, arbitrage scoring methodology, copy, design, and the DealerKey Auto name and wordmark are owned by DealerKey. Third-party marks referenced on the Site (including Manheim, ADESA, NADA, J.D. Power, Kelley Blue Book) belong to their respective owners and are used solely for identification of source data. DealerKey is not sponsored by, endorsed by, or affiliated with any wholesale auction operator.

11. Third-Party Services

DealerKey relies on the following sub-processors and integrations:

• Stripe (payment processing);
• Calendly (call scheduling);
• Twilio (SMS alerts and client messaging);
• SendGrid and Loops (transactional + marketing email);
• Google Analytics + Meta Pixel (aggregate traffic measurement);
• Amazon Web Services (hosting, us-west-2 region);
• Wholesale auction vendors (for Done-For-You transactions).

Your interactions with these providers are governed by their own terms and privacy policies. DealerKey is not responsible for outages or data handling at any third party.

12. Fees, Taxes & Collection

All amounts are in US dollars. Utah sales and use tax at the rate then in effect is charged on the vehicle hammer price and buy fee at the time of title transfer, not on the DealerKey service fee. Subscription fees are exclusive of any applicable state digital-goods tax; you are responsible for remitting taxes your jurisdiction imposes on software-as-a-service.

A failed payment may result in a paused subscription after a grace period. Past-due balances may be submitted to collections after reasonable notice.

13. Communications & Consent

By submitting the lead form, booking a call, or subscribing, you consent to receive transactional emails and text messages about your vehicle search. SMS program details and opt-out instructions are at /legal/sms. Marketing emails include an unsubscribe link in every message; transactional messages may continue after unsubscribing where legally required (e.g., title paperwork).

14. Termination

You may terminate your use of the Service at any time by closing your account. DealerKey may suspend or terminate access, with or without notice, for material breach of these Terms, fraud, abuse, or when legally compelled. Sections 7 (AS-IS), 10 (IP), 15 (Disclaimer), 16 (Liability Cap), 17 (Indemnity), and 18 (Arbitration) survive termination.

15. Disclaimer

The Site, data, arbitrage scores, and subscription tiers are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation.

16. Limitation of Liability

To the maximum extent permitted by law, DealerKey’s total aggregate liability for any claim arising out of these Terms or the Services is capped at the greater of (a) the then-published Done-For-You flat service fee, or (b) the total amount Client paid DealerKey in the 12 months preceding the claim. DealerKey is not liable for incidental, consequential, special, indirect, punitive, or exemplary damages, including lost profits, lost resale value, lost use of vehicle, or diminished value, even if advised of the possibility of such damages.

Some jurisdictions do not allow limitation of incidental or consequential damages, so the above limits may not apply to you.

17. Indemnification

You agree to indemnify and hold harmless DealerKey and its officers, employees, and contractors from any claim, loss, or expense (including reasonable attorneys’ fees) arising out of (a) your violation of these Terms, (b) your use of the Service outside its intended purpose, (c) any inaccuracy in information you provided (including Bid Authorization parameters), or (d) your operation of a vehicle purchased through the Service.

18. Binding Arbitration & Class-Action Waiver

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each a “Dispute”) that cannot be resolved through the informal process in Section 19 will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Salt Lake County, Utah (or by video conference at Client’s request), before a single arbitrator, in English, and judgment on the award may be entered in any court of competent jurisdiction.

Client and DealerKey each waive the right to participate in a class action, collective action, or representative proceeding. Disputes must be brought individually.

Carve-outs. Either party may (a) bring a qualifying claim in Utah small-claims court in Salt Lake County, or (b) seek injunctive relief in court for IP infringement or breach of confidentiality.

30-day opt-out. You may opt out of this arbitration provision by mailing written notice to DealerKey Auto, Attn: Arbitration Opt-Out, 1096 N 450 W, Springville, UT 84663, postmarked within 30 days of first acceptance of these Terms. Opt-out does not otherwise affect these Terms.

19. Informal Resolution & MVED Complaint Path

Before filing arbitration, Client agrees to contact DealerKey directly (dallin@dealerkeyauto.com) and allow 30 days for a good- faith resolution. Motor-vehicle complaints may also be filed with the Utah Motor Vehicle Enforcement Division at mved.utah.gov. See the full process at /legal/disputes.

20. Governing Law & Venue

These Terms are governed by the laws of the State of Utah, excluding its conflict-of-laws rules. Subject to Section 18, exclusive venue for any action is Salt Lake County, Utah.

21. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced on the Site or by email at least 14 days before they take effect. Continued use of the Service after the effective date is acceptance of the revised Terms.

22. Contact

DealerKey Auto
1096 N 450 W
Springville, UT 84663
Email: dallin@dealerkeyauto.com
SMS: +1 (435) 266-4166