Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) are a binding agreement between you and MADITECH and its JOEY product (“JOEY,” “we,” “us,” “our”). By checking the authorization box at signup, creating an account, or using the Service, you accept these Terms in full and on behalf of your dealership. If you do not agree, do not use the Service.

2. Your Representations & Authorized Use

You represent, warrant, and covenant that: (a) you have the legal authority and all consents required to contact every customer whose information you upload or otherwise make available to the Service; (b) your use complies with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing and Do-Not-Call laws, and all data-privacy laws; and (c) you are solely responsible for the content, timing, frequency, and recipients of all outreach you initiate or authorize through the Service. JOEY is a tool that acts on your instructions and on your behalf; you are the sender.

3. Connected Accounts & Marketplace Listings

Some features act on accounts that belong to you on services operated by third parties, including vehicle listing and messaging on Facebook Marketplace. Where you enable such a feature, you grant JOEY permission to access and operate that account on your behalf, for the purposes you configure, until you revoke it. You may revoke that permission at any time from your dashboard or by contacting us, and we will stop acting on the account.

You represent and warrant that: (a) you own or are authorized to control every account you connect; (b) you have authority to grant this permission on behalf of the dealership or business that owns it; and (c) each listing, message, and reply we send at your direction is accurate and is yours.

Your use of a connected account remains governed by that third party's own terms and policies, which are between you and them and which we do not control. Those terms may restrict automated access regardless of the permission you grant us. You acknowledge that a third party may, at its sole discretion, limit, suspend, or terminate an account, remove listings, or withdraw access, including as a result of automated activity, and that the consequences of any such action fall on the account holder. We do not warrant that any connected feature will remain available, and you assume this risk. Nothing in this section is a representation by us that automated access is permitted by any third party.

4. Subscriptions, Auto-Renewal & Cancellation

JOEY is sold as a recurring subscription. Your subscription renews automatically at the end of each billing period (for example, monthly or annually) and your payment method is charged the then-current price for the next period until you cancel. By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis. We will tell you the price and billing interval before you purchase.

How to cancel: you can cancel at any time from your account settings, or by emailing support@getjoey.app. Cancellation takes effect immediately, your JOEY services stop at the moment of cancellation, and you will not be charged for future periods. To avoid the next charge, cancel before your renewal date.

Money-back guarantee and refunds: new paid subscriptions include a 30-day money-back guarantee on your first charge. Charges for renewal periods after the first 30 days are non-refundable except for a billing error or duplicate charge. Full details, including how to request a refund, are in our Refund Policy.

We may change subscription prices on a going-forward basis. If we do, we will give you notice before the change applies to a renewal, and your continued subscription after the change takes effect is your acceptance of the new price.

5. Assumption of Risk

You acknowledge and agree that your use of the Service is entirely at your own risk. By agreeing to these Terms you knowingly and voluntarily assume any and all risks arising from or related to the Service and your outreach activities, including any damage, loss, liability, claim, penalty, or harm that is caused, or that may be caused, to you, your dealership, your customers, or any third party. You accept full responsibility for that risk in exchange for access to the Service.

6. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless JOEY, MADITECH, and their owners, officers, employees, contractors, and agents (the “Indemnified Parties”) from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, fines, penalties, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees) that arise out of or relate in any way to: (a) your use of or access to the Service; (b) any outreach (calls, texts, emails, or other contact) sent through or enabled by the Service; (c) any content or customer data you provide; (d) your breach of these Terms or your representations; (e) your violation of any law, including the TCPA or CAN-SPAM; and (f) any damage caused or that may be caused by your use of the Service. This obligation survives termination of your account.

7. No Warranty

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, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, compliant with any specific law as applied to your use, or that it will produce any particular result.

8. Limitation of Liability

To the maximum extent permitted by law, the Indemnified Parties shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service or these Terms, under any theory of liability, even if advised of the possibility of such damages. In no event shall the Indemnified Parties’ total aggregate liability for all claims relating to the Service exceed the greater of (a) the total fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

9. Suspension & Termination

We may suspend or terminate your access at any time, with or without notice, if we believe your use violates these Terms, any law, or risks harm to any person, customer, or the Service. You may stop using the Service at any time. Sections 4, 5, 6, 7, and 9 survive termination.

10. General

We may update these Terms from time to time; the “Last updated” date reflects the current version, and continued use constitutes acceptance. If any provision is found unenforceable, the remaining provisions remain in effect. These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules.

11. Contact

Questions about these Terms? Contact us at legal@getjoey.app or by mail at:

MADITECH LLC
7200 132nd Pl SE
Newcastle, WA 98059