Terms of Service

1. Service Description

DerbyDay is a software-as-a-service (SaaS) platform for automotive salvage yards, auto recyclers, and individual sellers. The Service provides tools for vehicle intake, parts inventory management, AI-assisted parts checklists and valuation estimates, marketplace listing generation (eBay, Facebook Marketplace, Shopify, Craigslist, OfferUp), warehouse fulfillment tracking, and related operational workflows.

The Service includes both subscription-based plans (Starter, Growth, Pro) and a Pay As You Go option for individual vehicle listings. Features available to you depend on your plan. DerbyDay reserves the right to modify, add, or remove features at any time with reasonable notice.

2. Account and Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Provide accurate, complete, and current account information
• Maintain the security of your account credentials

Each organization may maintain one account. You may invite multiple team members as permitted by your plan, but accounts may not be shared across separate organizations or businesses without DerbyDay’s written consent. You are responsible for all activity that occurs under your account.

3. Subscriptions and Billing

DerbyDay offers the following payment options:

• Pay As You Go: A one-time payment of $25 per vehicle. This payment is not a subscription. Each payment grants access to one vehicle’s full parts breakdown, AI-generated listing copy, and photo upload. No recurring charges apply.
• Starter, Growth, Pro: Monthly subscription plans billed on a recurring basis. A 7-day free trial is available for new accounts; your payment method will be charged at the end of the trial unless you cancel before it expires.

Auto-renewal: Subscription plans automatically renew each month at the then-current rate unless cancelled before the renewal date. DerbyDay will provide notice of price changes at least 30 days in advance.

Cancellation: You may cancel your subscription at any time from your account settings or by contacting hello@derbydayapp.com. Cancellation takes effect at the end of the current billing period. No prorated refunds are issued for unused time in a billing period except where required by law.

Payment processing: Payments are processed by Stripe, Inc. By providing payment information, you agree to Stripe’s terms of service. DerbyDay does not store your payment card details.

Taxes: Prices do not include applicable taxes. You are responsible for any sales, use, or similar taxes arising from your use of the Service.

4. AI-Generated Content

The Service uses artificial intelligence to generate parts checklists, listing descriptions, valuation estimates, and other content (“AI-Generated Content”). You acknowledge and agree that:

• AI-Generated Content, including parts checklists, listing descriptions, and valuation estimates, is provided for informational purposes only. DerbyDay makes no warranty as to the accuracy, completeness, or fitness for any particular purpose of AI-Generated Content.
• Valuation estimates are based on historical market data and typical vehicle conditions. Actual part values may vary significantly based on actual condition, geographic market, demand, and other factors. Estimates do not constitute a guarantee, appraisal, or offer to purchase.
• You are solely responsible for verifying parts condition, pricing, and listing accuracy before publishing any listing to any marketplace.
• AI-Generated Content may contain errors, omissions, or outdated information. DerbyDay is not liable for any losses arising from reliance on AI-Generated Content.

5. User Content

You retain ownership of all content you upload or create through the Service, including vehicle photographs, parts descriptions, and inventory data (“User Content”). By uploading User Content, you grant DerbyDay a non-exclusive, worldwide, royalty-free license to store, process, display, and transmit your User Content solely as necessary to provide the Service to you.

You represent and warrant that you have all rights necessary to grant this license, and that your User Content does not violate any third-party rights or applicable law. DerbyDay does not claim ownership of your data and does not sell your User Content to third parties.

You may request deletion of your account and associated data at any time by contacting privacy@derbydayapp.com. See our Privacy Policy for details on data retention.

6. Prohibited Uses

You agree not to:

• Resell, sublicense, or resell access to the Service to third parties
• Scrape, crawl, or systematically extract data from the Service using automated means
• Create fraudulent, misleading, or inaccurate listings or inventory records
• Attempt to reverse-engineer, decompile, or derive source code from the Service
• Use the Service to infringe the intellectual property rights of any third party
• Introduce malware, viruses, or other harmful code into the Service
• Circumvent or attempt to circumvent any usage limits, rate limits, or access controls
• Use the Service in any manner that violates applicable law

DerbyDay reserves the right to suspend or terminate accounts that violate these prohibitions without notice or refund.

7. Intellectual Property

The Service, including its software, design, AI models, and content (excluding User Content), is owned by DerbyDay and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights in DerbyDay’s intellectual property except the limited right to use the Service as described herein.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DERBYAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

DerbyDay does not warrant the accuracy of any marketplace pricing data, interchange compatibility data, or AI-generated valuations. All such information is provided for general reference only.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DERBYAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOST BUSINESS, OR DAMAGE TO REPUTATION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DERBYAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DERBYDAY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DERBYAY IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, DerbyDay’s liability is limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless DerbyDay and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

11. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in California.

Before filing any legal claim, you agree to contact DerbyDay at legal@derbydayapp.com and allow 30 days to attempt an informal resolution.

Class action waiver: You agree to resolve any disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration against DerbyDay.

12. Termination

DerbyDay may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service immediately ceases. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and dispute resolution) will survive.

You may terminate your account at any time by cancelling your subscription and requesting account deletion at privacy@derbydayapp.com.

13. Changes to These Terms

DerbyDay reserves the right to modify these Terms at any time. We will provide notice of material changes by email to your registered address or by posting a notice on the Service. Your continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

14. Contact

If you have questions about these Terms, please contact us:

DerbyDay, Inc.
legal@derbydayapp.com