Terms of Service

These Terms of Service ("Terms") are an agreement between you and Market Check Cars, Inc., a Nevada corporation ("MarketCheck", "we", "us"), and govern your use of MarketCheck AI Desk (the "Service"), whether you use it through our website at ai.marketcheck.com (also reports.marketcheck.com) or through an AI assistant such as Claude or ChatGPT connected to our reporting tools. By connecting to or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

The Service generates data-driven vehicle reports, including valuations, market intelligence, trade-in and negotiation guidance, insurance loss reports, and factory window stickers, using data from the MarketCheck vehicle data platform. You can request reports directly on our website or by asking a connected AI assistant to run them on your behalf.

2. Accounts

You need an account to run reports. You must provide accurate information, keep your sign-in credentials secure, and you are responsible for activity that occurs under your account, including reports run by an AI assistant you have authorized. You must be at least 18 years old and able to enter into a binding contract.

3. Credits, pricing, and billing

• Connecting to the Service and using account, billing, and support functions is free.
• Generating a report is pay per use. Each run deducts that report's fee from your prepaid credit balance, and we record an invoice for it.
• You add credits through our payment provider, Stripe. Some top-up amounts may include bonus credit, as shown at the time of purchase.
• Report prices are shown before you commit and may change over time. The price in effect when a report runs is the price that applies.
• Credits have no cash value, are not transferable, and except where required by law are non-refundable once purchased.

4. Acceptable use

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable law or third-party right;
• resell, redistribute, or sublicense report data in bulk, or scrape or systematically extract the underlying data;
• attempt to circumvent billing, security, authentication, or rate limits;
• use the Service to make decisions that require a licensed professional without that professional's involvement;
• interfere with or disrupt the integrity or performance of the Service.

Our Acceptable Use Policy sets out these rules in full, including fair use of credits, responsible use through an AI assistant, and what a report may and may not be presented as. It forms part of these Terms.

5. Report accuracy and no professional advice

Reports are estimates generated from market data and statistical models. They are provided for informational purposes only.

• Reports are not guarantees of value, sale price, or any outcome.
• Reports are not legal, financial, tax, or insurance advice.
• Total Loss and Diminished Value reports are not certified appraisals and are not a substitute for a licensed or certified appraiser. For court-defensible figures, engage a qualified appraiser, who may use a report as supporting evidence.

You are responsible for how you use a report and for any decision you make based on it.

6. AI assistants and third-party services

When you use the Service through an AI assistant, your use of that assistant is governed by the assistant provider's own terms, which we do not control. The Service also relies on third-party providers, including Stripe for payments and the MarketCheck vehicle data platform for data. Your use of those features is subject to the applicable provider's terms.

Where we process personal data on your behalf, such as the details of a person whose vehicle you are valuing, that processing is governed by our Data Processing Agreement, which is incorporated into these Terms. The third parties that process it for us are listed at ai.marketcheck.com/sub-processors.

7. Intellectual property

The Service, including its software, report formats, and presentation, is owned by MarketCheck and its licensors and is protected by intellectual property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive license to use the reports you generate for your own business or personal purposes. You may not remove proprietary notices or misrepresent the source of a report.

8. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any report will be accurate or complete.

9. Limitation of liability

To the fullest extent permitted by law, MarketCheck will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data, arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the report at issue or twenty US dollars.

10. Termination

You may stop using the Service and disconnect it from your assistant at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination, including billing for amounts owed, disclaimers, and limitations of liability, will survive.

11. Governing law

These Terms are governed by the laws of the State of Nevada, United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Nevada for any dispute arising out of or relating to these Terms or the Service.

12. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the effective date above and, for material changes, provide a more prominent notice. Continued use of the Service after an update means you accept the revised Terms.

13. Contact

Questions about these Terms? Email ai@marketcheck.com. For billing matters, contact billing@marketcheck.com.