Terms of Service

Last updated: May 1, 2026

These Terms of Service ("Terms") govern your access to and use of the TrafficPixel platform (the "Service") provided by TrafficPixel, Inc. ("TrafficPixel," "we," "us"). By creating an account or installing our tracking script on a website you control, you agree to these Terms.

1. Who can use TrafficPixel

TrafficPixel is a business-to-business service intended for licensed automotive dealerships and their authorized representatives. By using the Service you represent that you are at least 18 years old and authorized to bind the dealership ("Customer") on whose behalf you act.

2. The Service

The Service includes a JavaScript tag installed on the Customer's website, a dashboard for viewing visitor and lead activity, optional phone-call tracking and AI Receptionist features, ad-platform reporting integrations, and CRM lead-forwarding. Features available to a given Customer depend on the subscription tier and specific integrations enabled.

3. Customer responsibilities

You agree that:

• Authorization. You have authority to install the Service's tracking script on the websites you submit, and to grant TrafficPixel access to the third-party accounts (Google Ads, Meta, Microsoft Ads, Twilio, etc.) you connect.
• Disclosures. You will display privacy notices, cookie banners, and consent prompts on your website as required by applicable law (GDPR, CCPA/CPRA, state-level privacy laws, etc.).
• Telephone consent. You will obtain TCPA-compliant consent before sending SMS messages or making outbound calls based on TrafficPixel data, and disclose call recording where state law requires (e.g. all-party consent states).
• Lawful use. You will not use the Service to identify, track, or contact individuals in violation of applicable privacy laws or industry codes (FTC Auto Dealer Rule, state UDAP laws, etc.).
• Account security. You will keep your account credentials confidential and notify us promptly of any unauthorized access.
• Accurate information. Information you provide during onboarding (dealership identity, ownership of the websites you submit) is accurate.

4. Acceptable use

You may not, and will not permit anyone using your account to:

• Reverse engineer, decompile, or attempt to derive source code from the Service.
• Use the Service to track visitors of any website you do not own or are not authorized to instrument.
• Submit malware, perform load testing not pre-approved by us, or interfere with the Service's operation.
• Resell, sublicense, or expose the Service or any TrafficPixel data to a third party without our written permission.
• Use AI Receptionist features to impersonate a human in jurisdictions where bot disclosure is required by law (e.g. California Bot Disclosure Law).

5. Data ownership

• Customer data. Visitor activity, lead information, call recordings, and other data captured on the Customer's behalf is owned by the Customer. We process it as a service provider / data processor on the Customer's behalf and as described in our Privacy Policy.
• TrafficPixel data. The Service software, dashboard UI, AI prompts and configurations, classification rules, aggregated benchmark data, and our internal analytics are owned by TrafficPixel.
• Aggregate / de-identified data. We may use de-identified, aggregated data derived from Customer activity to operate, maintain, and improve the Service, train our internal models, and produce industry benchmarks. This data does not identify the Customer or any individual.
• Export on termination. Upon termination, the Customer may request export of their lead and call data for up to 30 days. After 30 days we may delete the Customer's data per our retention policy.

6. Fees and billing

Fees, billing cadence, and any usage limits are specified in your order form or subscription plan. Fees are non-refundable except where required by law. We may change pricing on 30 days' written notice, effective at the start of the next billing period.

7. Third-party integrations

The Service integrates with Google Ads, Meta (Facebook/Instagram) Marketing API, Microsoft Ads, Twilio, Deepgram, Anthropic, and other third-party platforms. Your use of those platforms is subject to their respective terms. We are not responsible for changes those platforms make to their APIs, pricing, or availability that affect the Service.

8. AI features

The Service includes features powered by large language models - automated lead summaries, intent classification, and the AI Receptionist. These features are statistical and may produce errors. You agree to:

• Treat AI-generated output as a draft to be reviewed, not the system of record.
• Disclose AI-generated phone responses where required by law.
• Not rely solely on AI classification for decisions that materially affect a customer (financing, eligibility, pricing).

9. Service levels

We aim for 99.9% monthly uptime but do not guarantee uninterrupted service. Planned maintenance will be announced via the dashboard or email when feasible.

10. Confidentiality

Each party agrees to keep the other's non-public information confidential and use it only in connection with the Service. This obligation survives termination for three years.

11. Term and termination

These Terms apply for as long as you have an active TrafficPixel account. Either party may terminate for material breach uncured for 30 days after written notice. Either party may terminate for convenience at the end of the current billing period with at least 30 days' notice. Upon termination we will stop tracking, disable script delivery, and provide the data export window described in Section 5.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAFFICPIXEL DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that visitor counts, attribution, lead-classification, or AI-generated output are complete, accurate, or fit for any specific decision.

13. Limitation of liability

EXCEPT FOR LIABILITY ARISING FROM (A) BREACH OF SECTION 4 (ACCEPTABLE USE), (B) INDEMNIFICATION OBLIGATIONS, OR (C) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY THE CUSTOMER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

14. Indemnification

Customer will defend, indemnify, and hold harmless TrafficPixel against third-party claims arising from (a) Customer's use of the Service in violation of law or these Terms; (b) Customer's failure to obtain consent from website visitors or callers as required by law; (c) Customer's content or websites where the Service is installed.

15. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Lamar County, Texas, and the parties consent to exclusive jurisdiction and venue there.

16. Changes

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. Material changes will be communicated to Customers at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

17. Contact

TrafficPixel, Inc.
Legal: [email protected]
General: [email protected]