Dealer Service Terms

These Dealer Service Terms (the “Terms”) are a binding agreement between Kevin Nguyen d/b/a ShowMeThePlate (“ShowMeThePlate,” “we,” “us”) and the dealership that accepts them (“Dealer,” “you”). By checking the box to accept these Terms, starting your free month, or making a payment for the Service, you agree to these Terms and represent that you are authorized to bind the dealership. If you do not agree, do not use the Service.

1. The service

We build and manage a private-seller car-acquisition system for you: a local seller landing page on showmetheplate.com, a Google Ads campaign built and managed in your own Google Ads account, call and text lead routing with tracking, and a mobile leads dashboard where your team receives, calls, and logs each lead. We operate the platform and the messaging; you make the offers and buy the vehicles.

2. Free first month (the pilot)

The first 30 days after you sign up are free (the “pilot”). There is no management fee during the pilot. You pay only your own advertising spend (Section 4). At the end of the pilot, either party may walk away owing nothing further to the other.

3. Fees

There is no setup fee. If you continue after the pilot: a management fee of $395 per month, billed automatically by card through our payment processor (Stripe), starting when the pilot ends. The Service is month-to-month with no long-term commitment. You may cancel at any time yourself from your online billing page (manage your plan, also linked on our dealer page and in the emails our payment processor sends you), or by emailing us (Section 17). Cancellation takes effect at the end of the then-current billing period, so cancelling during the pilot means you are never charged; no further management fees accrue after that. Fees already paid are non-refundable except where required by law. We may change fees for future terms on reasonable notice.

4. Advertising spend

You fund your own advertising in your own Google Ads account, paid directly to Google on your card. You own that account and set the budget. Advertising spend is paid by you to Google, is not a fee paid to ShowMeThePlate, and we never take possession of or control your ad funds. If your card fails, only your own account is affected.

5. Territory exclusivity

While this agreement is active (including during the pilot), we will not operate this Service for any other dealer in your assigned metro territory. Exclusivity applies only to this specific Service and ends when this agreement ends.

6. Your responsibilities

The Service only works when leads are worked. You agree to:

• keep your advertising account funded;
• call new leads back promptly — fast, effective callbacks are what convert;
• log lead outcomes (bought / passed) in the dashboard so the system can improve;
• conduct all of your own communications with sellers and any other person in compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, federal and state Do-Not-Call rules, and all consumer- protection, privacy, licensing, and auto-dealer laws; and
• conduct every vehicle inspection, offer, payment, financing, titling, and purchase lawfully and as the responsible party.

Alert numbers. The mobile numbers you give us for lead alerts are how the Service delivers your leads. By providing them you authorize us to send you automated service text messages about your leads and missed calls at those numbers, and you confirm you are entitled to receive messages at each one or have the permission of the person who is. These are service messages, not marketing. Tell us to remove a number at any time. Replying STOP from one of them stops our messages to that number immediately, which also stops that phone from receiving your leads.

7. Leads, data, and intellectual property

Leads delivered to you are yours to work and keep. Sellers consent to be contacted when they submit our form; you are nonetheless responsible for your own contact practices (Section 6). We retain all right, title, and interest in the ShowMeThePlate brand, website, landing pages, campaign structures, software, systems, and operational data. Nothing in these Terms transfers any of our intellectual property to you.

8. No guarantee of results

We do not guarantee any specific number of leads, calls, form submissions, appointments, or vehicle purchases, or any particular return on advertising spend. Advertising results vary by market, season, competition, budget, and how promptly and effectively you work the leads. The free pilot exists so you can evaluate real results before paying any fee.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any lead will be accurate, valid, reachable, or result in a purchase.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, our total aggregate liability arising out of or relating to these Terms or the Service, for all claims combined, will not exceed the total management fees you actually paid to ShowMeThePlate in the three (3) months immediately before the event giving rise to the claim. Advertising spend paid by you to Google is excluded from this calculation. IN NO EVENT will we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, lost business, or cost of substitute services, even if advised of the possibility. These limits apply regardless of the theory of liability.

11. Indemnification

You will defend, indemnify, and hold harmless ShowMeThePlate and Kevin Nguyen from and against any and all third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the leads or the Service; (b) your communications with sellers or any other person, including any claim under the TCPA, the Telemarketing Sales Rule, Do-Not-Call rules, or any telemarketing, consumer-protection, or privacy law; (c) your inspection, offer, financing, titling, purchase, or sale of any vehicle; (d) your advertising content, budget, or account decisions; (e) your breach of these Terms; or (f) your violation of any law or third-party right. This indemnity does not require you to indemnify us for losses caused solely by our own gross negligence or willful misconduct.

12. Independent contractor

We are an independent contractor. Nothing in these Terms creates an employment, agency, partnership, joint-venture, or fiduciary relationship between the parties, and neither party may bind the other.

13. Term and termination

These Terms apply while you use the Service. Either party may terminate at any time as described in Section 3. On termination we will pause the campaign and stop the Service; your Google Ads account remains yours. Sections that by their nature should survive termination (including Sections 7–11 and 14) survive.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in California. Each party waives any right to a jury trial and to participate in any class or representative action; disputes are resolved only on an individual basis. Either party may still bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information.

15. Changes to these Terms

We may update these Terms from time to time. The version and effective date at the top reflect the current Terms. For material changes we will provide reasonable notice; your continued use of the Service after a change takes effect means you accept the updated Terms.

16. General

These Terms are the entire agreement between the parties about the Service and supersede any prior discussions. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to a successor. These Terms may be amended only in a writing (including these posted Terms) or as stated in Section 15.

17. Contact

Questions about these Terms? Email contact@showmetheplate.com.