Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) govern access to and use of CourtesyCar.ca, including its website, progressive web application, dealership administration portal, vehicle inspection tools, document generation, storage, billing features and related services (collectively, the “Service”). The Service is operated by Panda Industries under the CourtesyCar.ca brand (“CourtesyCar,” “we,” “us,” or “our”).

By creating an account, activating a subscription, accessing the Service, or allowing your personnel to use the Service, the organization identified on the account (“Customer,” “you,” or “your”) agrees to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility and authority

You must be at least 18 years old and legally capable of entering into binding agreements. If you use the Service for a dealership, repair facility, collision centre, rental operation or other organization, you confirm that you are authorized to act for that organization.

You are responsible for deciding which staff members receive access and what role they are assigned. You remain responsible for activity performed through your organization’s accounts unless the activity resulted solely from a security failure attributable to CourtesyCar.

3. The Service

CourtesyCar provides workflow and record-management tools that may include customer and driver information capture, driver-licence data extraction, vehicle records, checkout and return agreements, electronic signatures, condition photographs, inspection comparisons, damage observations, repair records, PDF reports, staff attribution, audit history, email delivery and subscription management.

Features may be added, changed, improved, limited or removed as the Service evolves. We will not intentionally remove a material paid feature without reasonable notice when practical.

4. Customer responsibilities

You are responsible for your use of the Service and for ensuring that your collection, use, disclosure and retention of personal information through CourtesyCar is lawful. In particular, you are responsible for:

• providing drivers and customers with any notices and obtaining any consents required by applicable law;
• ensuring that information entered into CourtesyCar is accurate, relevant and collected for legitimate business purposes;
• using vehicle photographs and other evidence only for lawful purposes connected with your courtesy, loaner, rental or fleet program;
• ensuring that agreement wording, waivers, policies and other terms you configure are legally appropriate for your business;
• protecting account credentials and promptly disabling staff who should no longer have access;
• reviewing machine-extracted driver-licence information before relying on it; and
• maintaining any records that you are independently required by law, insurer, regulator, manufacturer, franchise agreement or internal policy to retain.

5. Driver-licence capture and automated extraction

The Service may use third-party artificial-intelligence or document-processing services to extract text from a photograph of a driver’s licence. Extraction is provided as an efficiency tool and can be inaccurate. Your staff must review and confirm extracted data before using it.

CourtesyCar is designed so that the licence image used for extraction is not retained as a normal customer record after processing. Extracted information may be retained as part of the agreement or customer record in accordance with your settings, our Privacy Policy and applicable law.

You must not use licence scanning for identity surveillance, profiling unrelated to the vehicle transaction, or any unlawful purpose.

6. Electronic signatures and records

The Service allows customers and staff to sign records electronically. CourtesyCar records information associated with a signature, which may include the signer’s name, date and time, device/browser information, IP address and the relevant agreement version.

CourtesyCar does not provide legal advice and does not guarantee that a particular agreement, signature, waiver, photograph, inspection record or PDF will be admissible, enforceable or sufficient for a particular legal, insurance or regulatory purpose. You are responsible for having your own agreement language and procedures reviewed by qualified counsel where appropriate.

7. Vehicle condition, damage and evidence

CourtesyCar helps document vehicle condition. It does not determine fault, negligence, liability, repair responsibility or insurance coverage. A condition change or damage observation recorded in the Service is a factual workflow record and is not a legal finding that a driver caused the damage.

Photographs and related evidence may include integrity information, timestamps, staff attribution and revision history. These controls are intended to improve record reliability but do not guarantee that evidence cannot be challenged.

8. Accounts and security

You must provide accurate account information, keep passwords confidential and promptly notify us if you reasonably believe an account has been compromised. Accounts are organization-specific and may not be shared between unrelated businesses.

We may require email verification, stronger authentication or other reasonable security measures. We may temporarily suspend access where we reasonably believe doing so is necessary to protect accounts, personal information, the Service or other customers.

9. Subscriptions, fleet allowance and billing

Paid access is offered on recurring subscription plans. Current pricing is displayed before checkout. Unless otherwise stated at checkout, CourtesyCar’s standard plans are priced in Canadian dollars and may include a base fleet allowance plus charges for additional fleet-vehicle slots.

Your “fleet allowance” is the maximum number of active vehicle records your subscription permits. Adding or removing a slot may change the recurring amount charged by our payment processor. CourtesyCar may use prorations for increases and may apply decreases without retroactive refunds or credits, as described in the billing interface at the time of the change.

Payments are processed by Stripe or another payment provider identified at checkout. You authorize us and our payment provider to charge the payment method associated with your account for recurring fees, additional fleet capacity, applicable taxes and any other charges you expressly authorize.

Fees are non-refundable except where required by law or expressly stated otherwise. Prices may change on reasonable advance notice. A price change will generally apply at a future renewal rather than retroactively.

10. Taxes

Prices may be shown before applicable sales, value-added or similar taxes. You are responsible for taxes that legally apply to your purchase, except taxes based on our net income. Where required, taxes may be calculated and collected through our payment provider.

11. Cancellation, payment failure and suspension

You may cancel a subscription through the billing tools we make available or through the payment-provider portal. If a cancellation is scheduled for the end of a paid billing period, paid functionality normally remains available until that period ends.

If payment fails, we may place the subscription in a past-due or suspended state. We may limit creation of new vehicles or new agreements while preserving reasonable access to historical records and the ability to complete an already-active return, where technically practical.

Cancellation does not automatically erase historical business records. Retention and deletion are governed by the Privacy Policy, your configured retention settings, legal holds and applicable law.

12. Acceptable use

You may not use the Service to:

• violate law, privacy rights, intellectual-property rights or contractual rights;
• upload malicious code, probe for vulnerabilities, bypass access controls or interfere with the Service;
• access another organization’s data without authorization;
• collect unnecessary sensitive information or use the Service for covert surveillance;
• misrepresent, fabricate or intentionally alter evidence for a deceptive purpose;
• resell, sublicense or provide the Service as a hosted service to unrelated third parties without our written permission; or
• use automated means to overload, scrape or abuse the Service.

13. Customer content

You retain ownership of information, photographs, agreement text, logos and other material you or your authorized users submit to the Service (“Customer Content”). You grant us a limited, non-exclusive licence to host, process, reproduce, transmit and otherwise use Customer Content only as reasonably necessary to provide, secure, support and improve the Service, comply with law, and enforce these Terms.

You represent that you have the rights and authority necessary to provide Customer Content to us for those purposes.

14. CourtesyCar intellectual property

The Service, software, interface, workflows, branding, documentation and other materials supplied by CourtesyCar are owned by or licensed to us and are protected by applicable intellectual-property laws. Except for the limited right to use the Service under these Terms, no ownership rights are transferred to you.

You may provide feedback. We may use feedback without restriction or compensation, provided we do not publicly identify you as the source without permission.

15. Third-party services

The Service relies on third parties for functions such as payment processing, object storage, infrastructure hosting, email delivery and automated data extraction. Examples may include Stripe, Cloudflare, OpenAI, Resend and infrastructure providers.

Third-party outages, policy changes or network failures can affect the Service. We select providers we believe are appropriate for their role, but we do not control their systems.

16. Availability, maintenance and backups

We aim to provide a reliable service, but we do not promise uninterrupted or error-free availability. Planned maintenance, emergency maintenance, third-party failures, internet outages, security incidents and events beyond our reasonable control may interrupt access.

We may maintain backups and redundancy for operational recovery, but CourtesyCar is not an archival or disaster-recovery service for your entire business. You should retain independent copies of records where loss would create a material legal or operational risk.

17. Privacy and data protection

Our handling of personal information is described in the CourtesyCar.ca Privacy Policy. In many situations, the Customer determines why driver/customer information is collected and CourtesyCar processes that information to provide the Service. You remain responsible for your own privacy notices, lawful authority and business practices.

18. Confidentiality

Each party may receive non-public business, technical or security information from the other. Each party will use reasonable care to protect confidential information and will use it only for the relationship contemplated by these Terms, except where disclosure is authorized or required by law.

19. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” We disclaim warranties that are not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that automated extraction will be accurate, that every photograph will capture all damage, that a customer will accept a damage claim, or that use of the Service will satisfy every legal, insurer, franchise or regulatory requirement applicable to your business.

20. Limitation of liability

To the maximum extent permitted by law, neither CourtesyCar nor its suppliers will be liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for loss of profits, revenue, goodwill, business opportunity or data, arising from or related to the Service.

To the maximum extent permitted by law, CourtesyCar’s aggregate liability arising out of or relating to the Service or these Terms will not exceed the fees actually paid by you to CourtesyCar during the twelve months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited, including liability resulting from fraud, wilful misconduct or any other liability that applicable law requires to remain unlimited.

21. Indemnity

To the extent permitted by law, you agree to defend and indemnify CourtesyCar and its operators from third-party claims, losses and reasonable costs arising from your unlawful use of the Service, your Customer Content, your violation of privacy or consent obligations, or agreement terms and business practices that you configure independently of CourtesyCar. This obligation does not apply to the extent a claim was caused by CourtesyCar’s own breach of these Terms, negligence or wilful misconduct.

22. Termination

You may stop using the Service at any time, subject to outstanding payment obligations. We may terminate or suspend an account for material breach, unlawful activity, security risk, persistent non-payment or abuse of the Service. Where reasonable, we will provide notice and an opportunity to cure before termination.

Following termination, we may provide a reasonable period for account administrators to retrieve available records, subject to security, legal, technical and retention constraints. We may thereafter delete or de-identify data in accordance with our Privacy Policy and legal obligations.

23. Changes to these Terms

We may update these Terms as the Service or law changes. The effective date and version are shown at the top. For material changes, we will provide reasonable notice through the Service, email or another appropriate method. Continued use after the effective date of updated Terms constitutes acceptance where permitted by law.

24. Governing law and disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict-of-law rules. Subject to any mandatory law that requires otherwise, the courts located in Alberta will have exclusive jurisdiction over disputes arising from these Terms or the Service.

Before starting formal proceedings, the parties agree to make reasonable efforts to resolve a dispute through good-faith discussion.

25. General provisions

If a provision is found unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent except as part of a bona fide sale or reorganization of your business. We may assign these Terms as part of a merger, sale, financing, reorganization or transfer of the Service.

These Terms, the Privacy Policy, applicable order or checkout details, and any written addendum agreed by both parties form the agreement regarding the Service and supersede prior discussions about the same subject matter.

26. Contact

Questions about these Terms may be directed to: