Terms of Service
Last updated: April 25, 2026
1. Agreement
These Terms of Service ("Terms") govern your access to and use of Gladius BDC software and services ("Service"). By creating an account, you ("Dealer") agree to these Terms on behalf of yourself and the entity you represent.
2. Subscription + billing
The Service begins with a 120-day proof-of-value pilot, then converts to an annual contract billed monthly through Stripe. Annual prepay is available at a 17% discount (two months free). Subscriptions auto-renew at the end of each annual term unless canceled before renewal.
3. 90-day money-back guarantee
For new dealer accounts, if Gladius has not set 20 verified appointments in your first 30 days of paid usage, we will refund your most recent month's subscription on request. The refund window closes 90 days after subscription start. To claim, email billing@gladiusbdc.com before the window closes.
4. Cancellation
You may cancel during the 120-day pilot period at any time from your dashboard or by emailing billing@gladiusbdc.com. After the pilot converts to an annual contract, cancellation stops auto-renewal at the end of the current annual term. The 90-day money-back guarantee applies within the pilot period.
5. Acceptable use
You agree NOT to use the Service to:
- Send messages to consumers without prior express written consent (TCPA violation).
- Contact phone numbers on the federal Do-Not-Call registry without an established business relationship.
- Operate outside the dealer's licensed jurisdiction or in violation of state-level consumer-protection laws.
- Impersonate another dealer, OEM, or any non-affiliated entity.
- Reverse engineer, scrape, or attempt to extract proprietary AI prompts, weights, or knowledge libraries.
- Resell the Service to other dealerships without a written reseller agreement.
Gladius reserves the right to suspend any account that violates this section. Repeated or willful violations may result in termination without refund.
6. Dealer responsibilities
The Dealer is solely responsible for the accuracy of consent records, the legality of consumer outreach, the configuration of dealer-specific business rules, and any content the AI is instructed to send (custom prompts, persona, custom instructions). Gladius provides the rails; the Dealer drives the train.
7. Service availability
We target 99.9% monthly uptime measured at the API layer. Scheduled maintenance is announced 48 hours in advance. We do not guarantee uninterrupted service. Credits for service interruptions are available on the Enterprise tier per the SLA in the order form.
8. Data ownership + portability
The Dealer owns its conversation data, consent records, and customer lists. On cancellation, you may request a CSV export within 90 days at no charge. Gladius retains anonymized, aggregated patterns for service improvement; individual conversation contents are not retained beyond the standard retention window.
9. Liability
To the maximum extent permitted by law, Gladius's total liability for any claim arising from these Terms is limited to the amount the Dealer paid in the 12 months preceding the claim. Gladius is not liable for consequential, incidental, or punitive damages. Nothing in these Terms limits liability for fraud, willful misconduct, or any liability that cannot be excluded by law.
10. Indemnification
Dealer agrees to indemnify and hold Gladius harmless from any third-party claim arising out of Dealer's failure to obtain consumer consent, Dealer's content/persona configuration, or Dealer's violation of applicable law (including TCPA, CCPA, or state UDAP statutes).
11. Governing law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Disputes will be resolved in the state or federal courts located in Hillsborough County, Florida.
12. Changes
We may update these Terms. Material changes will be posted on this page and announced by email at least 30 days before they take effect. Continued use of the Service after that date constitutes acceptance.
13. Contact
Questions? Email legal@gladiusbdc.com or call (813) 442-0253.