Axion Auto

Terms of Service

Last updated: January 1, 2025

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Fieldhaus LLC, doing business as Axion Auto (“Company,” “we,” “us,” or “our”), governing your access to and use of the Axion Auto website, platform, and related services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services. If you are using our Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use our Services. By using our Services, you represent and warrant that you meet these requirements. Our Services are intended for business use by automotive dealerships, dealer groups, marketing agencies, and related professionals.

3. Account Registration

To access certain features of the Services, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information to keep it accurate
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized access to or use of your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or incomplete.

4. Description of Services

Axion Auto is an automotive marketing automation platform that provides tools and services including, but not limited to:

  • Vehicle inventory management and syndication
  • Digital advertising campaign creation and management across search and social platforms
  • AI-powered ad copy generation and bid optimization
  • Marketing analytics, reporting, and attribution
  • Budget planning and allocation tools
  • SEO tools and recommendations
  • Email and SMS marketing campaign management
  • Multi-client and multi-location management dashboards

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes.

5. Subscription and Payment

Access to the Axion Auto platform requires a paid subscription. By subscribing to our Services, you agree to the following:

  • Billing: Subscription fees are billed on a recurring basis (monthly or annually, depending on your selected plan) and are due at the beginning of each billing period.
  • Payment Method: You authorize us to charge your designated payment method for all applicable fees. You are responsible for maintaining valid payment information.
  • Price Changes: We may change our subscription fees from time to time. We will provide at least 30 days advance notice of any fee increases. Continued use of the Services after a price change takes effect constitutes your agreement to the new pricing.
  • Taxes: All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for all applicable taxes associated with your subscription.
  • Refunds: Subscription fees are generally non-refundable except as required by law or as expressly stated in your subscription agreement. New subscribers may be eligible for a 14-day money-back guarantee on their initial subscription period.

6. Cancellation

You may cancel your subscription at any time by contacting our support team or through your account settings. Upon cancellation:

  • Your subscription will remain active until the end of the current billing period
  • You will not be charged for subsequent billing periods
  • You are responsible for any fees incurred before the cancellation takes effect
  • We may retain your data for a reasonable period to allow for reactivation, after which it will be deleted in accordance with our Privacy Policy

Enterprise plans may have custom cancellation terms as specified in the applicable service agreement.

7. Acceptable Use Policy

You agree not to use the Services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorized access to the Services, other accounts, or connected systems
  • Use the Services to send unsolicited commercial communications (spam)
  • Reverse engineer, decompile, or disassemble any portion of the Services
  • Use automated means to access the Services beyond the scope of authorized API usage
  • Sublicense, resell, or redistribute access to the Services without our written consent
  • Create misleading or deceptive advertising content through our platform

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including suspension or termination of access to the Services.

8. Intellectual Property

The Services, including all content, features, functionality, software, design, text, graphics, logos, and trademarks, are owned by Fieldhaus LLC and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

You retain ownership of all content you upload to or create through the Services (“User Content”). By using our Services, you grant us a limited, non-exclusive, worldwide license to use, store, and process your User Content solely for the purpose of providing and improving the Services.

9. Third-Party Services and Integrations

Our Services may integrate with or provide access to third-party platforms and services, including but not limited to Google Ads, Facebook Ads, Instagram, and various DMS and CRM systems. Your use of these third-party services is subject to their respective terms and policies.

We are not responsible for the availability, accuracy, or content of third-party services. We do not endorse and are not liable for any third-party services accessed through our platform. You are responsible for maintaining valid accounts and credentials with any third-party platforms you connect to our Services.

10. Data and Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. You are responsible for ensuring that any personal data you provide through the Services complies with applicable data protection laws.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not guarantee any specific results from the use of our Services, including but not limited to advertising performance, lead generation, or return on investment.

Any marketing performance data, projections, or benchmarks shared by us are for informational purposes only and do not constitute guarantees of future results. Marketing outcomes depend on numerous factors beyond our control, including market conditions, inventory, pricing, and competition.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIELDHAUS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Fieldhaus LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, your violation of any applicable law, or your infringement of any third-party rights.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class action lawsuits or class-wide arbitration.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised “Last updated” date and, for material changes, by sending an email to the address associated with your account. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

16. Termination

We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

18. Entire Agreement

These Terms, together with our Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and Fieldhaus LLC regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Fieldhaus LLC (dba Axion Auto)

Email: legal@fieldhaus.marketing

General: support@fieldhaus.marketing