Terms of Service

Welcome to GoFetch Auto. These Terms of Service (“Terms”) form a legally binding agreement between you and GoFetch Auto LLC, a Florida limited liability company (“GoFetch Auto,” “we,” “us,” or “our”). Please read them carefully. They contain important provisions including a binding arbitration clause, a class action waiver, and limitations on our liability.

1. Agreement to Terms

By accessing or using our website, client portal, or services (collectively, the “Services”), you (“Client,” “you,” or “your”) agree to be bound by these Terms and our Privacy Policy. You represent that you are at least 18 years old, a resident of the United States, and have the legal capacity to enter into this agreement. If you do not agree, do not use the Services.

2. Description of Services

GoFetch Auto provides professional car buying advocacy services to consumers and businesses. Our Services may include market research, locating vehicles, price negotiation with third-party dealerships, review and removal of dealer add-ons, paperwork coordination, financing guidance, and delivery logistics.

We are not a licensed motor vehicle dealer, broker, lender, or insurer. GoFetch Auto does not sell, lease, finance, or take title to vehicles. All vehicle purchase transactions occur directly between you and the selling dealership. We act solely as your advocate and representative.

3. Service Tiers & Fees

Our service fees are:

• Standard Tier: $199 — Mainstream brands and models
• Premium Tier: $399 — Premium brands (BMW, Mercedes-Benz, Audi, Lexus, and similar)
• Exotic Tier: $1,999 — Exotic and luxury vehicles with concierge service

The applicable tier is determined at engagement and confirmed in your Exclusive Buyer Representation Agreement. Fees become due at the “Deal Agreed” milestone, which occurs when you authorize us in writing (including electronically) to finalize terms on a specific vehicle. We may update fees for future engagements at any time; the fee in effect at the time you sign your Representation Agreement governs that engagement.

4. Money-Back Guarantee & Refund Policy

We stand behind our work. If, after actively engaging our Services, we are unable to either (a) locate a suitable vehicle matching your written criteria, or (b) negotiate terms you choose to accept, you will not be charged a service fee.

If you have already paid a fee and are eligible for a refund under this section, you must submit a refund request to inquiry@gofetchauto.com within thirty (30) days of the Deal Agreed milestone. Approved refunds will be issued to the original payment method within ten (10) business days.

Fees are non-refundable once you have accepted a negotiated deal and taken delivery of or signed purchase documents for the vehicle, except as required by applicable law. You agree not to initiate a chargeback without first contacting us in writing and allowing fifteen (15) days to resolve the matter.

5. Exclusive Buyer Representation Agreement

Before we begin work, you will execute an Exclusive Buyer Representation Agreement (“BRA”) electronically. The BRA authorizes GoFetch Auto to act as your exclusive representative for a specified vehicle or vehicle category during the engagement term. You consent to the use of electronic records and signatures under the federal E-SIGN Act and the Florida Electronic Signature Act.

6. Client Obligations

You agree to:

• Provide accurate, current, and complete information;
• Respond to communications from us promptly and in good faith;
• Not independently contact, negotiate with, or purchase from dealerships for the same vehicle during the term of our engagement (doing so may terminate the guarantee in Section 4);
• Keep account credentials and client portal access confidential;
• Comply with all applicable laws, including consumer financing and titling regulations; and
• Pay all fees when due.

7. No Guarantee of Savings or Outcome

We use professional judgment, market data, and negotiation expertise to pursue favorable terms. However, we do not guarantee any specific savings amount, financing rate, delivery date, or vehicle availability. Outcomes depend on market conditions, inventory, dealer policies, your credit profile, and other factors outside our control.

8. Third-Party Dealers & Vehicle Transactions

All vehicle sales, financing, insurance, warranties, titling, registration, and post-sale service are provided by third-party dealerships, lenders, and other vendors, not by GoFetch Auto. We do not guarantee, warrant, or assume responsibility for the acts, omissions, representations, products, services, financing terms, vehicle condition, recalls, or delivery performance of any dealership or third party. Any dispute regarding a vehicle, its financing, or its condition must be resolved directly with the selling dealer or applicable third party.

9. Payment Processing

Payments are processed by Stripe, Inc. (“Stripe”). We do not store full credit card numbers, CVVs, or bank credentials on our servers. By submitting payment information, you agree to Stripe’s Terms of Service and Privacy Policy and authorize us to charge the applicable fee to your selected payment method.

10. Communications & SMS/Text Messaging Consent (TCPA)

By providing us your telephone number and opting in, you expressly consent to receive transactional and service-related text messages from GoFetch Auto at that number, including from automated dialing systems, regarding your engagement, deal status, appointments, payment, and account alerts. Consent is not a condition of purchase.

Message frequency varies by engagement. Message and data rates may apply. You can reply STOP to any text to opt out or HELP for assistance. Opting out of texts will not affect other Services but may limit our ability to provide time-sensitive updates. Carriers are not liable for delayed or undelivered messages.

You also consent to receive service-related emails at the address you provide. You may opt out of marketing emails at any time using the unsubscribe link, but you will continue to receive transactional messages necessary to deliver the Services.

11. Intellectual Property

The GoFetch Auto name, logo, website, client portal, methodology, pricing analyses, negotiation playbooks, and all content we provide are owned by GoFetch Auto LLC or our licensors and are protected by U.S. and international intellectual property laws. You receive a limited, non-transferable, revocable license to use the Services for your personal, non-commercial vehicle purchase. You may not copy, republish, reverse engineer, scrape, or resell our content, data, or tools.

12. Acceptable Use

You agree not to (a) use the Services for any unlawful purpose; (b) impersonate another person; (c) upload viruses, scrape, or interfere with the Services; (d) use the Services to evade dealer arbitration agreements, commit fraud, or engage in straw purchases; or (e) share your client portal access with unauthorized parties. We may suspend or terminate your access for violations.

13. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOFETCH AUTO LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST GOODWILL, DIMINUTION OF VEHICLE VALUE, OR SUBSTITUTE TRANSPORTATION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms limits liability that cannot be limited under applicable law, including the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) or claims for gross negligence, fraud, or willful misconduct.

15. Indemnification

You agree to indemnify, defend, and hold harmless GoFetch Auto LLC and its officers, members, employees, and agents from any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your breach of these Terms; (b) your violation of any law or third-party right; (c) information you provide to us that is false or misleading; or (d) your interactions with any dealership, lender, or other third party.

16. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

Informal resolution. Before filing any claim, you agree to contact us at inquiry@gofetchauto.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration will take place in Hillsborough County, Florida, or, at your election, by telephone or video. The arbitrator’s decision is final and may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class action waiver. You and GoFetch Auto agree that any claim shall be brought only in an individual capacityand not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any class or representative proceeding.

Jury trial waiver. To the extent any dispute proceeds in court rather than arbitration, both parties waive the right to a trial by jury.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to inquiry@gofetchauto.com within thirty (30) days of first accepting these Terms, including your full name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive relief in court to protect intellectual property rights.

17. Governing Law & Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to Section 16, the exclusive venue for any action is the state and federal courts located in Hillsborough County, Florida, and each party consents to personal jurisdiction there.

18. Termination

Either party may terminate the engagement for any reason by providing written notice through the client portal or by email. We may suspend or terminate immediately for non-payment, breach of these Terms, fraud, or abusive conduct. Sections that by their nature should survive termination (including fees owed, disclaimers, limitations of liability, indemnification, intellectual property, dispute resolution, and governing law) will survive.

19. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, hurricanes, pandemics, labor disputes, supply-chain disruptions, dealer inventory shortages, manufacturer recalls, government orders, internet outages, or third-party service failures.

20. Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.

21. Modifications

We may update these Terms from time to time. Material changes will be communicated by email or by a prominent notice on our website at least ten (10) days before they take effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, stop using the Services.

22. Entire Agreement; Severability; Waiver

These Terms, together with the Privacy Policy and your Exclusive Buyer Representation Agreement, constitute the entire agreement between you and GoFetch Auto and supersede all prior agreements. If any provision is found unenforceable, the remainder will remain in full force and effect. Our failure to enforce any right is not a waiver of that right.