01Purpose
These terms and conditions govern access to and use of the Carmin service. Carmin is published by NESTMETRICS MARKETING MANAGEMENT - FZCO (the “publisher”), whose details appear in the legal notice.
The service is reserved for vehicle sales professionals (dealerships), worldwide. It is not intended for consumers. Taking out a subscription constitutes acceptance of these terms.
02The service
Carmin:
- uses the vehicle information and photos that the customer provides or asks it to import;
- produces visuals, videos and texts from that information, partly using artificial intelligence tools;
- publishes them on the social media accounts the customer has connected, automatically or once the customer has approved them (supervised mode);
- depending on the plan taken out: keeps a showroom on the customer's website and the gallery of their Google Business Profile up to date, and provides them with messaging, reviews and valuation agents.
The content of each plan is the one shown on the Pricing page on the day the subscription is taken out.
03Account
The customer provides accurate information and keeps it up to date. They keep their login details confidential and are responsible for actions taken from their account. They connect their own social media accounts and Google Business Profile, and may disconnect them at any time.
04Prices and payment
The subscription is monthly. Prices are shown excluding tax; the applicable taxes depend on the customer's country. Payment is made by bank card through a specialist payment provider: the publisher never stores card details. The subscription renews automatically each month.
Any price change is announced to the customer at least 30 days before it takes effect; they may terminate before that date.
05Term, changing plan and termination
The subscription comes with no commitment. The customer may terminate it at any time, in one click from their account. Termination takes effect at the end of the current monthly period, which has already been paid for; the month started is not refunded.
A change of plan takes effect immediately; the difference is charged or credited pro rata. When the customer moves to a lower plan, the features that are no longer included stop: the photos published in the Google gallery are removed and the pending publications on the networks that are no longer included are cancelled. Settings are kept.
When the subscription ends, all publishing stops.
The publisher may suspend or terminate an account in the event of a serious breach by the customer (non-payment, unlawful use of the service), after a formal notice that has remained without effect for 8 days, or immediately in an emergency.
06Customer commitments
The customer warrants that they hold the rights to the photos, logos, texts and information they provide to Carmin or ask it to import, and that this content is accurate and lawful (price, mileage, availability, and so on).
They comply with the terms of use of the social networks and of Google. They remain solely responsible for the publications made from their accounts, including in automatic mode; supervised mode allows them to approve each publication before it goes live.
07Automatically produced content
Visuals, texts and voices are produced automatically, partly by artificial intelligence, from the customer's data. The publisher takes reasonable care with them but does not guarantee that they are free of errors; it is for the customer to check them.
08The agents
The agents reply automatically on the customer's behalf. The messaging agent sends a vehicle's details, the dealership's contact details and its opening hours; it never negotiates a price and makes no commitment on the customer's behalf.
Depending on the setting chosen by the customer, the reviews agent may publish replies to 4- and 5-star reviews on its own; replies to negative reviews always wait for the customer's approval. The valuation agent gives an indicative range, which does not constitute an offer to buy.
09Third-party services
Carmin relies on third-party services: social networks, Google and technical providers. Their changes, interruptions or decisions, for example the suspension of an account by a social network, may affect the service. The publisher is not responsible for them but uses its best efforts to adapt the service.
10Availability
The publisher uses reasonable means to keep the service available at all times, without being able to guarantee it. It may interrupt the service for maintenance, informing the customer where possible.
11Liability
The publisher is bound by a best-efforts obligation. Its liability is limited to direct damage and capped at the amount paid by the customer during the 3 months preceding the event in question. It is not liable for indirect damage, in particular loss of revenue, of customers or of data.
12Intellectual property
The publisher retains all rights to the service, its templates, its software and the Carmin trade mark. The customer retains the rights to their own content and grants the publisher, for the duration of the subscription, the right to use it in order to provide the service.
The customer may freely use the visuals and videos produced for them, during and after their subscription.
13Personal data
The customer's own data is processed as described in the privacy policy.
For the data of the dealership's own customers (messages received by the messaging agent, Google reviews, valuation requests), the customer is the controller and the publisher acts as a processor, within the meaning of Article 28 of the GDPR: it processes that data only on the customer's instructions and in order to provide the service, ensures its confidentiality and security, uses only the categories of sub-processors listed in the privacy policy, helps the customer respond to individuals' requests, and deletes that data when the service ends.
14Confidentiality
Each party keeps confidential the other party's non-public information that it learns in connection with the service.
15Changes to these terms
The publisher may change these terms. The customer is informed by e-mail at least 30 days in advance; if they do not accept the changes, they may terminate before the changes take effect.
16Governing law and courts
These terms are governed by the law of the United Arab Emirates. Any dispute falls within the jurisdiction of the courts of Dubai.
This choice does not deprive customers established in the European Union of the protection afforded to them by mandatory rules on personal data, in particular the GDPR, which remain applicable.
17Contact
For any question: contact@carmin.app.