Terms of Service
Effective Date: May 8, 2026 — Version 2.0
These Terms of Service constitute a legally binding agreement between you and Smart Drive Elite LLC, a Missouri limited liability company, governing your access to and use of the Platform at smartdriveelite.com. By accessing or using the Platform, you agree to be bound by these Terms.
1. The Platform
Smart Drive Elite provides automated automotive finance decisioning, deal structuring, inventory matching, and document management technology to authorized automotive dealers. The Platform is a technology tool only. We do not make final lending decisions, guarantee lender approval, submit applications to lenders on your behalf, act as a lender or finance company, or provide legal, financial, or compliance advice.
2. Accounts and Access
Accounts are granted at Smart Drive Elite sole discretion. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at legal@smartdriveelite.com if you suspect unauthorized access. You may not share credentials with unauthorized persons.
3. Acceptable Use
You may use the Platform solely for lawful automotive finance operations. You may not submit false, fraudulent, or unauthorized customer information; reverse engineer or copy the Platform; use the Platform to build a competing product; circumvent security measures; introduce malware; or violate any applicable law. You are solely responsible for your compliance with ECOA, FCRA, GLBA, the Red Flag Rule, and all applicable state laws.
4. Customer Data and Privacy
You represent that you have obtained all required customer authorizations before submitting any application. You are responsible for the accuracy of all data submitted. All sensitive personal information is encrypted at rest using AES-256-GCM. We do not sell customer data. When the Platform generates a decline, you are responsible for delivering the adverse action notice to the applicant within 30 days as required by ECOA and Regulation B.
5. Fees and Payment
Platform access requires a monthly subscription — Basic $1,299/mo, Pro $1,799/mo, Elite custom pricing — plus per-application fees of $25, $20, or $15 respectively. All fees are processed via Stripe and are non-refundable. Accounts with failed payments after 7 days will be suspended. Pricing may change with 30 days written notice.
6. Intellectual Property
The Platform and all components including source code, algorithms, scoring engines, and branding are the exclusive property of Smart Drive Elite LLC (USPTO Trademark Serial No. 99764274). You receive a limited, non-exclusive, non-transferable license to use the Platform during the term of these Terms. You may not sublicense, sell, or transfer your access rights.
7. Disclaimers and Limitation of Liability
THE PLATFORM IS PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND. SMART DRIVE ELITE DOES NOT GUARANTEE LENDER APPROVAL OR ANY SPECIFIC BUSINESS OUTCOME. TO THE MAXIMUM EXTENT PERMITTED BY LAW SMART DRIVE ELITE SHALL NOT BE LIABLE FOR ANY INDIRECT INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED FEES PAID IN THE THREE MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify and hold harmless Smart Drive Elite LLC and its members, officers, employees, and agents from any claims, damages, losses, and expenses including attorneys fees arising from your use of the Platform, violation of these Terms, submission of inaccurate or fraudulent data, failure to obtain proper customer authorization, or failure to comply with applicable law.
9. Term and Termination
These Terms continue until terminated. You may terminate with 30 days written notice to legal@smartdriveelite.com. We may suspend or terminate immediately for non-payment, Terms violations, fraudulent submissions, or security risks. Sections 6, 7, 8, 10, and 11 survive termination.
10. Dispute Resolution
Before filing any claim, contact us at legal@smartdriveelite.com and attempt informal resolution for 30 days. Any unresolved dispute shall be resolved by binding arbitration under AAA Commercial Rules in Clay County, Missouri. You waive your right to participate in any class action. These Terms are governed by the laws of the State of Missouri.
11. General
These Terms together with our Privacy Policy and any executed Dealer Services Agreement constitute the entire agreement. We may update these Terms with 30 days notice. Continued use after the effective date constitutes acceptance. If any provision is unenforceable it will be modified to the minimum extent necessary.
12. Contact
Smart Drive Elite LLC · Smithville, MO 64089 · legal@smartdriveelite.com · smartdriveelite.com · USPTO 99764274 · License 2763
Smart Drive Elite LLC · Smithville, MO 64089 · USPTO #99764274 · License #2763