These Terms of Service (“Terms”) govern your access to and use of the Calibrate dealer management application at calibratedms.app and the marketing website at calibratedms.com (together, the “Service”), provided by TRL Holdings, LLC, doing business as Calibrate DMS (“Calibrate,” “we,” “us,” or “our”). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you are authorized to bind that business.
The Service
Calibrate provides software for small dealers to manage inventory, assets, customers, quotes, rentals, contracts, and related business operations. We may add, change, or remove features over time to improve the Service.
Accounts and access
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to keep it up to date. Organization administrators are responsible for managing access for their own team members.
SMS and electronic communications
The Service uses SMS text messaging for transactional purposes such as one-time sign-in passcodes, organization invitations, and account- and security-related notifications. By providing your mobile number and using SMS-based features, you consent to receive these messages. Message and data rates may apply, and message frequency varies with your activity. You may opt out by replying STOP, or reply HELP for assistance. See our Privacy Policy and public SMS Program & Mobile Opt-In page for the specific opt-in path and full messaging disclosures.
Acceptable use
You agree not to:
- use the Service for any unlawful or fraudulent purpose;
- attempt to gain unauthorized access to the Service, other accounts, or our systems;
- interfere with or disrupt the integrity or performance of the Service; or
- upload content you do not have the right to use, or that infringes the rights of others; or
- use the Service to store data it is not designed for, such as protected health information or other specially regulated data — Calibrate is a business tool for dealer operations, not a HIPAA- or PCI-scoped system of record.
Your data
You retain ownership of the business data you submit to the Service — including your customers’ personal information (such as names, phone numbers, and email addresses). You grant us a limited license to host, process, and display that data solely to provide and improve the Service. You are responsible for the accuracy and legality of the data you enter and for obtaining any consents needed to store it and to contact your customers.
You can export your organization’s data at any time while your account is active, in a standard, portable format. This is available regardless of whether your subscription is active or in a read-only state.
Because the data you store may include personal information about your own customers, we act as a data processor on your behalf. Our processing commitments are described in our Data Processing Addendum, and a current list of the third-party providers we use is published on our Subprocessors page.
Messages sent on your behalf
The Service can send email and SMS text messages to your customers and teammates on your behalf (for example, quotes, invoices, contracts, and notifications you choose to send). You are responsible for the content of those messages and for having the necessary permission and legal basis to contact each recipient, and you agree to comply with applicable anti-spam, telemarketing, and messaging laws. We may suspend messaging features that are used to send unlawful, deceptive, or unsolicited messages.
Free trial, fees, and lapsed subscriptions
New organizations start with a 14-day free trial. No payment card is required to start a trial, and no charge is made during it. To continue after the trial you subscribe to a paid plan; subscriptions are billed in advance, monthly or annually as selected at checkout, and are processed by our third-party payment provider, Stripe. Payment card details are collected and stored by Stripe, not by Calibrate. Unless stated otherwise, fees are non-refundable, and we may change pricing on a going-forward basis with reasonable notice (price changes take effect at your next renewal).
If your trial ends without a subscription, or a paid subscription lapses for non-payment or cancellation, your organization moves to a read-only state: you and your team can still sign in and view and export your data, but you cannot create or change records until the subscription is active again. We do not delete your business data simply because a subscription lapses.
Deletion of abandoned trial accounts. If a trial ends and the organization is never converted to a paid subscription, we may permanently delete the organization and all of its data — including records, uploaded files, and documents — after an extended period of inactivity. We will email the account’s administrator a deletion notice at least 30 days beforehand (approximately 60 days after the trial ends), so you have time to subscribe or export your data. If no action is taken, the account becomes eligible for permanent deletion approximately 90 days after the trial ends. This deletion is permanent and cannot be undone. Paid organizations are not deleted this way; a lapsed paid subscription stays read-only until you resubscribe.
Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.
Limitation of liability
To the maximum extent permitted by law, Calibrate will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data, arising out of or related to your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the twelve months preceding the claim.
Termination
You may cancel your subscription and stop using the Service at any time. We may suspend or terminate access if you violate these Terms or if necessary to protect the Service or other users. Following termination or cancellation, we will make your organization’s data available for export for at least 30 days before any deletion, and on your request we will delete it as described in our Data Processing Addendum. Provisions that by their nature should survive termination will survive.
Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Pennsylvania will have exclusive jurisdiction over any dispute that is not otherwise resolved, and you consent to venue there. Nothing in this section prevents either party from seeking injunctive relief to protect its rights.
Changes to these Terms
We may update these Terms from time to time. We will revise the “Last updated” date above and, where appropriate, provide additional notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Contact us
Questions about these Terms can be sent to hello@calibratedms.com.