Terms of Service

1. Agreement

These Terms of Service (“Terms”) are an agreement between you and Layer1 Auto, a division of Layer1 Data Services, Inc. (“Layer1 Auto,” “we,” “us”), 1645 N Spring St, Ste 210, Beaver Dam, WI 53916. By creating an account, buying a plan or listing, or using layer1auto.com (the “Platform”), you agree to these Terms and our Privacy Policy. If you use the Platform for a business, you confirm you have authority to bind that business. If you do not agree, do not use the Platform.

2. What Layer1 Auto Is, and Is Not

Layer1 Auto is an advertising and lead-generation platform. We give each vehicle a QR code and a mobile listing page, deliver buyer inquiries to the seller, and let verified dealers find each other.

Layer1 Auto is not a dealer, broker, auction or agent. We do not buy, sell, own, inspect, finance, title or transport vehicles. We are not a party to any sale, and we do not process vehicle payments. Every transaction is solely between the buyer and the seller.

3. Platform Role, Fees and Partners

Platform role: Layer1 Auto is a listing platform that connects buyers and sellers. Layer1 Auto is not a dealer or broker and is not a party to any vehicle sale.

Platform Administration Fee: Layer1 Auto charges a flat Platform Administration Fee for use of its online transaction tools and servers. This fee is not a commission and is not based on the vehicle’s sale price. Layer1 Auto is not a party to any vehicle sale.

Partners: Some pages may link to independent partner companies (for example vehicle history, shipping, warranty or escrow services). Layer1 Auto may earn a referral fee from partners. Partners are independent companies, and their own terms apply to their services.

4. Who Can Use the Platform

Everyone: You must be at least 18 years old and give accurate, current information. One person or business per account unless we agree otherwise.

Dealers: You must hold a valid motor vehicle dealer license issued by your state and keep it current. We review dealer applications and may approve or reject any application at our discretion. Tell us within 10 days if your license is suspended, revoked or expires.

Private sellers: You may list only a vehicle you personally own or are legally authorized to sell.

5. Accounts and Security

You are responsible for everything that happens under your account and for keeping your login secure. Tell us right away at support@layer1auto.com if you suspect unauthorized access. We may require two-factor authentication.

6. Dealer Verification

When we show a dealer as “Verified,” it means only that the dealer submitted a dealer license number (and, where requested, an AuctionACCESS number) and that we reviewed it at the time of approval. Verification is not an endorsement or guarantee of a dealer’s honesty, financial standing, vehicles or future conduct, and we do not continuously monitor licenses. We may remove a Verified status at any time.

7. Dealer Plans and Billing

Prices and limits: Plan prices, vehicle limits and features are those shown on our Pricing page when you subscribe. Enterprise plans are set by a separate written agreement.

Billing: Dealer plans are billed monthly in advance through our payment processor, Stripe, and renew automatically every month until you cancel. We do not store your full card number.

Vehicle limits: Vehicles above your plan’s limit are not published until you upgrade or remove vehicles.

Plan changes: You can change your plan anytime from My Plan in your dealer dashboard. Upgrades are prorated for the rest of the billing month; downgrades credit the unused time toward your next payment. You can’t downgrade to a plan with a lower car limit than your current number of active vehicles.

Cancellation: Cancel anytime from your account. Your plan stays active until the end of the current billing period, and you will not be charged again. There are no contracts or cancellation fees.

Refunds: All sales are final. See Section 9 (All Sales Final — No Refunds).

Price changes: We will give active subscribers at least 30 days’ notice by email before a price change affects their plan.

Failed payments: If a renewal payment fails, your listings and QR codes keep working for 7 days while we send you reminders. If it is still unpaid after 7 days, your listings are paused (anyone who scans your QR codes sees other cars for sale) until the payment is made. When you pay, everything comes back right away with the same QR codes.

Taxes: Prices do not include taxes. You are responsible for any sales or similar taxes that apply.

8. Private Seller Listings

One-time fee: Listing prices and durations are those shown on our Pricing page at purchase. Each purchase covers one vehicle and one QR code. There is no subscription and no automatic renewal.

Limit: One active listing per private seller account.

Expiration: When your purchased period ends, your listing stays live for a 7-day grace period while we remind you. After that it is paused until you buy an extension, which brings it back right away with the same QR code.

Refunds: All sales are final. See Section 9 (All Sales Final — No Refunds).

Dealer offers: Dealers may contact you about your vehicle through the Platform. You are never required to accept an offer.

9. All Sales Final — No Refunds

All sales are final. Every purchase on Layer1 Auto is final and non-refundable. This includes dealer plan payments (first payments, monthly renewals and upgrades), private seller listings and listing extensions.

Delivered at payment: What you buy is delivered as soon as your payment goes through: your listing is published, its QR code is created and your printable sign is ready to download. For dealer plans, your plan’s features and vehicle slots are active right away.

No refunds or credits: We do not give refunds or credits, in whole or in part, for any reason, including unused time, partial billing periods, cancellation, a vehicle that sold, a listing you no longer need or dissatisfaction with results. The only exceptions are the plan-change adjustments described in Section 7 and any refund the law requires.

Chargebacks: If you have a problem with a charge, contact us first at support@layer1auto.com. If you file a chargeback or payment dispute with your bank or card issuer for a purchase you authorized, we may suspend your account and listings while the dispute is open, and we may provide our payment processor and your card issuer with records of your use of the service, such as your acceptance of these Terms (with date, time, IP address and version), the listings you created, signs printed, QR code scans, buyer messages and sign-ins. If your card was used without your permission, contact your card issuer right away.

10. QR Codes

Each QR code is unique to one vehicle listing and cannot be transferred to another vehicle. When a listing ends, is removed or a dealer plan is cancelled, the QR code stops showing the vehicle and instead shows a page saying the listing has ended. Remove printed QR codes from vehicles that are sold or no longer listed. You are responsible for printing, placing and protecting your QR codes.

11. Your Listings and Advertising Responsibilities

Accuracy: You are solely responsible for every listing you post, including price, mileage, condition, history, title status, photos and VIN. Keep listings current and remove sold vehicles promptly.

No verification by us: We do not inspect vehicles or verify listing details. VIN-decoded specifications come from third-party data and may be incomplete or wrong. Check them before publishing.

Advertising laws (dealers): You are responsible for complying with all laws that apply to your vehicle advertising and sales, including the FTC Used Car Rule (Buyers Guide), state dealer advertising rules, truth-in-lending and financing disclosures, recall and title disclosure requirements, and privacy and telemarketing laws.

Contacting buyers: Buyers who send their information through a listing agree to be contacted about that vehicle. You may contact them only about that inquiry, and you must follow all calling, texting and email laws, including the TCPA and CAN-SPAM, and honor opt-out requests.

License to us: You give us a non-exclusive, royalty-free license to host, display, resize and share your listing content to operate and promote the Platform. You confirm you own or have permission to use all photos and content you upload.

12. Dealer-to-Dealer Marketplace and Wants Board

The wholesale marketplace and Wants Board are available only to verified dealers on eligible plans. Layer1 Auto only introduces dealers to each other. We do not take part in, process, guarantee or take a commission on any dealer-to-dealer deal. When an offer is accepted, both dealers receive each other’s contact information, and each dealer is solely responsible for inspection, payment, title transfer, transport and all legal obligations. Wants Board posts expire automatically after 30 days.

13. Acceptable Use

You agree not to:

• List a vehicle you do not own or are not authorized to sell, or list stolen, salvage or rebuilt vehicles without clear disclosure.
• Submit false identity, dealer license or AuctionACCESS information.
• Post false, misleading, bait-and-switch or discriminatory listings or pricing.
• Harass, defraud or mislead other users or buyers.
• Use buyer or dealer contact information for anything other than the vehicle inquiry or deal it came from, or sell or share it.
• Scrape, copy, resell or reverse engineer the Platform or its data, or use bots to create accounts or listings.
• Share accounts or create multiple accounts to get around plan limits.
• Interfere with the Platform’s security or operation, or break any law.

We may remove content, suspend or close accounts that break these rules. If we close your account for a violation, we do not owe a refund.

14. No Guaranteed Results

We do not guarantee any number of scans, leads, offers or sales, or that any vehicle will sell or sell at a particular price. Scan counts and analytics are estimates.

15. Estimates and Coming Soon Features

VIN-decoded details and any estimates shown on the Platform are for information only, not appraisals or professional advice, and they may be wrong. Features marked “Coming Soon” or “Beta” may change or be removed.

16. Third-Party Services

The Platform relies on third parties, including Stripe for payments, DigitalOcean for hosting, Resend for email delivery, the NHTSA VIN decoder for vehicle data, and analytics and security providers. Their own terms apply, and we are not responsible for their availability or actions.

17. Disclaimer of Warranties

TO THE FULLEST EXTENT ALLOWED BY LAW, THE PLATFORM, LISTINGS, QR CODES, ANALYTICS AND ESTIMATES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT ANY VEHICLE, SELLER, DEALER OR BUYER, AND WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

18. Limitation of Liability

EXCEPT FOR OUR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND TO THE FULLEST EXTENT ALLOWED BY LAW:

• LAYER1 AUTO IS NOT LIABLE FOR ANY VEHICLE, LISTING OR TRANSACTION BETWEEN USERS, INCLUDING ITS CONDITION, TITLE, PAYMENT OR LEGALITY.
• LAYER1 AUTO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST SALES, LOST PROFITS, LOST DATA OR DOWNTIME.
• OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR $100, WHICHEVER IS GREATER.
• ANY CLAIM, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, MUST BE BROUGHT WITHIN ONE YEAR AFTER IT ARISES.

Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

19. Indemnification

You agree to defend, indemnify and hold harmless Layer1 Auto and its owners, employees and contractors from any claims, losses and expenses, including reasonable attorney’s fees, arising from your listings, your vehicles, your transactions with other users or buyers, how you contact buyers, your breach of these Terms, or your violation of any law or third-party right.

20. Suspension and Termination

We may suspend or close any account, with or without notice, for a violation of these Terms, fraud, a lapsed dealer license, or conduct we reasonably believe harms users, buyers or the Platform. You may close your account at any time.

21. Changes to These Terms

We may update these Terms. We will email active users at least 14 days before material changes take effect. Continued use after that means you accept the updated Terms. Price changes follow the 30-day notice in Section 7.

22. Governing Law and Disputes

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Fulton County, Georgia, and you consent to their jurisdiction. Before filing a claim, you agree to contact us at legal@layer1auto.com and give us 30 days to try to resolve it informally.

23. General

If any part of these Terms is found unenforceable, the rest stays in effect. These Terms and our Privacy Policy are the entire agreement between you and Layer1 Auto about the Platform. Our failure to enforce a provision is not a waiver. You may not transfer your account without our consent. Sections 2, 3, 9, 11, 12 and 14 through 23 survive termination.

24. Contact