These Terms of Service (“Terms”) govern your access to and use of the War Machine for Dealers software service (the “Service”) provided by ChainBreaker Consulting LLC (“War Machine,” “we,” “us,” or “our”). By creating an account, clicking “Get started,” submitting payment, or otherwise using the Service, you (“Customer,” “you”) agree to be bound by these Terms. If you do not agree, do not use the Service.
01
The Service
The Service is a software-as-a-service platform operated under the “War Machine for Dealers” brand and built for automotive dealerships and similar businesses, including a multi-line parallel dialer, customer relationship management (CRM) provisioning, number rotation and spam remediation, follow-up automations, AI-assisted call coaching, a gamified leaderboard, voicemail drops, and related tools. Specific features may be added, modified, or removed at our discretion.
02
Eligibility & Accounts
You must be at least 18 years old and authorized to bind the business on whose behalf you sign up. You are responsible for keeping your login credentials confidential and for all activity on your account. Notify us promptly at alex@chainbreakerconsulting.com if you suspect unauthorized use.
03
Subscription, Billing & Cancellation
Pricing
The Service is offered on a recurring monthly subscription. Pricing starts at $349 per month for the base account plus $249 per month for each additional rep seat, billed in advance. Prices are stated on our website and may be updated; price changes will be communicated to active customers at least thirty (30) days before they take effect.
Payment
Payments are processed through Stripe. By submitting payment information, you authorize us (and Stripe) to charge your designated payment method on a recurring basis until you cancel.
Cancellation
You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period; the Service remains available until that date. Except as required by applicable law, fees already paid are non-refundable, and partial-month credits will not be issued.
Failed payments
If a payment fails, we may suspend or terminate access until the balance is cured. You are responsible for any taxes other than taxes on our net income.
04
Acceptable Use & Telecom Compliance
You are solely responsible for the legality of every call, text message, voicemail drop, and email sent through the Service. Without limitation, you agree to comply with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, FTC and FCC regulations, the CAN-SPAM Act, applicable state “mini-TCPA” laws (including but not limited to the Florida Telephone Solicitation Act and Oklahoma Telephone Solicitation Act), and any do-not-call or wireless-consent rules that apply to your contacts.
You agree not to use the Service to:
- Place calls or send messages to numbers on a federal or state Do-Not-Call list without a valid exemption;
- Contact recipients who have not provided required prior express written consent where applicable;
- Spoof, falsify, or misrepresent the originating number, caller identity, or message sender;
- Send unsolicited bulk messages, spam, malware, or content that is fraudulent, defamatory, harassing, or unlawful;
- Resell, sublicense, or repackage the Service without our written consent;
- Reverse engineer, scrape, or attempt to extract source code or training data from the Service;
- Interfere with the integrity, security, or availability of the Service.
We may suspend or terminate the Service immediately and without refund if we reasonably believe you have violated this Section.
05
Customer Data
“Customer Data” means information you upload, import, or generate through the Service, including contact lists, call recordings, transcripts, and CRM records. You retain ownership of Customer Data. You grant us a non-exclusive, worldwide license to host, process, transmit, display, and analyze Customer Data solely to provide and improve the Service and to comply with law. Aggregated, de-identified usage data may be used by us for analytics and product development.
You represent and warrant that you have all rights, consents, and notices required to provide Customer Data to us and to permit the activities described in these Terms. Our handling of personal data is further described in our Privacy Policy.
06
Third-Party Services
The Service integrates with third-party providers, which currently include Stripe (billing), Twilio (telephony), HighLevel/GHL (CRM and messaging), Trellus (call analytics and AI coaching), Intercom (in-app messaging), and others we may add or change. Your use of those services is subject to their terms and privacy policies. We are not responsible for their availability, accuracy, or acts.
07
Service Availability
We strive to keep the Service available, but we do not guarantee uninterrupted or error-free operation. We may perform scheduled or emergency maintenance, and may rely on third-party networks (including telephony carriers) whose outages are outside our control.
08
Termination
You may terminate by canceling your subscription. We may terminate or suspend your access at any time for material breach (including non-payment, abuse, or violation of Section 04). Upon termination, your license to use the Service ends and we may delete Customer Data after a reasonable retention period. You may request a data export prior to termination.
09
Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR SALES OR REVENUE OUTCOME.
10
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
11
Indemnification
You will defend, indemnify, and hold harmless War Machine and its officers, directors, employees, and agents from any third-party claim, demand, or proceeding (and pay any resulting damages and reasonable attorneys’ fees) arising out of or relating to: (a) your Customer Data; (b) your violation of Section 04 (Acceptable Use & Telecom Compliance) or applicable law; or (c) your breach of these Terms.
12
Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app at least fourteen (14) days before they take effect. Your continued use of the Service after the effective date constitutes acceptance.
13
Governing Law & Disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Any dispute arising out of these Terms will be resolved exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts. To the maximum extent permitted by law, each party waives any right to a jury trial and to participate in a class action.
14
Miscellaneous
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
15
Contact
Questions about these Terms? Email alex@chainbreakerconsulting.com.