DrivingIt Terms & Conditions

This Terms and Conditions document (the “Agreement”) governs the relationship between Sayvee Creative Inc (“Drivingit”, “we,” “us,” “our”) and the Customer (“you,” “your”) regarding the services provided by DrivingIt. By engaging DrivingIt’s services, you agree to these terms.

Should Customer be liable for any foreign, federal or local sales or excise taxes pursuant to this Agreement then the Customer is responsible for remitting such sales and excise taxes directly to the state or local jurisdiction. Drivingit will not be held responsible for any taxes not remitted.

Drivingit will not be liable for any failure or delay in performance, due in whole or part to any cause beyond Drivingit’s reasonable control. In no event will Drivingit be liable for loss of profit, loss of revenue, employee or non-employee costs, or any indirect, special or consequential damages arising out of this Agreement or the use of any equipment, programs, documentation and services provided pursuant to the Agreement.

Drivingit shall not be bound by this Agreement until Drivingit’s acceptance is endorsed hereon, at which time a contract shall exist in accordance with the terms and conditions hereof. The parties expressly declare that they require the present Agreement to be drafted and written exclusively in the English language. Drivingit‘s entire liability, in contract or otherwise, arising out of, or in connection with, this Agreement shall not exceed the monies paid during the preceding 1 month by Customer to Drivingit hereunder. 

This Agreement represents the entire agreement between the parties and supersedes all prior oral and written proposals and communications of any type or nature whatsoever.

THE TERMS AND CONDITIONS OF SUBSEQUENT PAGES ARE PART OF THIS AGREEMENT.

Term and Renewal

DrivingIt offers the following plan structures:

Monthly Plan:
Month-to-month agreement. Customer may cancel with a minimum of thirty (30) days’ written notice prior to the next billing cycle.

Semi-Annual Plan:
Six (6) month commitment. Billed monthly. Early cancellation does not relieve Customer of payment obligations for the remainder of the commitment period. In the event of early termination, Customer agrees to pay a two (2) month early termination fee.

Annual Plan:
Twelve (12) month commitment. Billed monthly. Early cancellation does not relieve Customer of payment obligations for the remainder of the commitment period. In the event of early termination, Customer agrees to pay a two (2) month early termination fee.

Automatic Renewal
All plans automatically renew at the end of their respective term unless Customer provides written notice at least thirty (30) days prior to renewal.

DrivingIt reserves the right to adjust fees upon renewal with thirty (30) days’ prior written notice to the Customer.

Billing Conditions

  • All fees are subject to applicable taxes.
  • Setup fees and monthly flat fees are billed in advance. Per-lead pricing is invoiced at the start of the following month.
  • In the event of payment default, the Customer agrees to cover all costs incurred by DrivingIt for collection efforts, including legal fees.
  • Refunds for setup fees or prepaid monthly fees are not provided in case of early termination.

Suspension & Chargeback Protection

DrivingIt reserves the right to immediately suspend or terminate services in the event of non-payment.

In the event of a chargeback, payment dispute, or reversal initiated by the Customer, DrivingIt reserves the right to recover all disputed amounts, associated fees, penalties, administrative costs, and collection expenses incurred as a result of such dispute.

DrivingIt may suspend services during the investigation of any payment dispute.

Services Provided

DrivingIt is a lead generation service. It does not represent the Customer’s dealership, nor is it involved in sales. DrivingIt posts inventory on its own behalf and sells generated leads to dealerships using inventory from dealerships.

DrivingIt offers services including but not limited to:

  • Inventory management and posting to platforms such as Facebook Marketplace.
  • Lead generation and qualification.

Customers not paying for lead response services are responsible for managing all communication with their leads.

DrivingIt retains sole discretion in the execution of these services to maximize lead generation and enhance the car buying/selling experience.

No Performance Guarantee Clause

DrivingIt does not guarantee any specific number of leads, appointments, sales, or revenue outcomes.

Lead volume and performance may fluctuate due to factors including but not limited to platform algorithm changes, advertising restrictions, inventory quality, pricing competitiveness, market conditions, geographic factors, and consumer demand.

Customer acknowledges that DrivingIt provides lead generation services and not guaranteed sales performance.

Lead Qualification Criteria

A “Qualified Lead” is defined as a potential lead meeting one the following criteria in the following priority

  1. Scheduled an in-person appointment.
  2. Scheduled a phone appointment.
  3. Requested a call from the dealership.

DrivingIt will make reasonable efforts to gather additional information including:

  • Financing preferences
  • Trade-in details as provided by the lead

Leads generated prior to the Customer notifying DrivingIt to remove sold inventory will still be counted as Qualified Leads.

Inventory Management and Posting Process

DrivingIt will upload, update, renew and remove the Customer’s inventory to Facebook Marketplace. We connect to your inventory feed and post the inventory within it, unless otherwise directed to prioritize or exclude certain inventory our team will post at their discretion, starting with used inventory as it is the more popular inventory. 

DrivingIt will upload inventory according to a gradual schedule to comply with platform restrictions. The schedule is as follows:

  • Week 1: Up to 5 inventory items will be uploaded.
  • Week 2: Up to 10 inventory items will be uploaded.
  • Week 3: Up to 15 inventory items will be uploaded.
  • Week 4: Up to 20 inventory items will be uploaded.
  • Week 5 and beyond: A maximum of 25 inventory items will be uploaded every week.

Notes:

  • DrivingIt reserves the right to take up to 2 business days from time of receipt of sold or updated inventory. Sold/Removed Inventory is prioritized to remove as soon as possible. 
  • DrivingIt reserves the right to choose and modify photos, titles, and descriptions to improve lead conversions.
  • DrivingIt has the discretion to not update posted inventory for non-material including but not limited to additional photos and photo overlays.
  • DrivingIt will make reasonable efforts to consult with the Customer regarding significant listing changes to ensure alignment with dealership branding.
  • While we aim to follow this schedule, certain circumstances beyond our control, such as account restrictions, technical issues or inventory without photos/pricing may prevent full inventory uploads. DrivingIt will make every effort to resolve such issues promptly and minimize disruptions.

Facebook Profiles

In order to post in Facebook Marketplace, it must be a personal profile. DrivingIt Creates and maintains profiles with approval from facebook. These are monitored for health and prepared for facebook marketplace. Your inventory will be posted under one of these profiles and you will be emailed letting you and your team know the name of the profile so your team can communicate this to expect people inquiring/visiting the dealership having spoken to this person.

Notes

  • All Facebook profiles created and maintained by DrivingIt are the sole property of DrivingIt.
  • DrivingIt may alter these profiles to optimize performance.
  • Content and associated data from these profiles remain the intellectual property of DrivingIt.
  • We do not use dealership or sale team profiles as people move to different locations etc.

Platform Dependency Disclaimer

DrivingIt is not affiliated with, endorsed by, or sponsored by Meta Platforms Inc. or Facebook. DrivingIt relies on third-party platforms, including Facebook Marketplace, which may change policies, restrict accounts, limit functionality, or suspend services at their discretion. DrivingIt shall not be held liable for service interruptions, reduced performance, account restrictions, or enforcement actions resulting from third-party platform rules, policy changes, or technical issues beyond DrivingIt’s control.

Data Ownership

The Customer acknowledges and agrees that DrivingIt may use the inventory data provided, including but not limited to vehicle details, photographs, lead data, and pricing, to support lead generation, improve services, and enhance the overall car buying and selling experience and provide more leads for dealerships. DrivingIt reserves the right to post, share, or modify inventory data across various platforms or tools to optimize visibility and engagement, subject to applicable laws and regulations.

By providing inventory data, the Customer grants DrivingIt the flexibility to employ this information at its discretion in ways that align with its business objectives, including but not limited to generating leads, insights, and data analytics. DrivingIt may also share this data with third-party applications or partners as needed to support its services.

DrivingIt retains the right to utilize data and relationships generated through its platform to enhance its services and develop insights. This includes contacting leads directly or indirectly to improve the customer experience or refine operational processes. The Customer agrees that DrivingIt’s use of leads and data will remain consistent with its stated objective of facilitating the car buying and selling process.

Indemnification Clause

Customer agrees to indemnify, defend, and hold harmless DrivingIt, its directors, officers, employees, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • Inaccurate or misleading pricing or inventory information provided by the Customer
  • Copyrighted or unauthorized content supplied by the Customer
  • Violations of advertising, consumer protection, or automotive regulatory laws by the Customer
  • Any data, representations, or materials provided by the Customer that result in legal or regulatory exposure

This indemnification obligation survives termination of this Agreement.

Governing Law Clause

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in British Columbia.

Amendments to Terms of Service

DrivingIt reserves the right to modify, update, or amend these terms at any time. Customers will be notified of material changes, and continued use of DrivingIt’s services after notification constitutes acceptance of the updated terms. 

For any questions regarding this Agreement, please contact us – www.drivingit.com/support