Welcome to Differ-X. These Terms of Service ("Terms") constitute a legally binding agreement between you and Differ-X, Inc. ("Differ-X," "we," "us," or "our") governing your access to and use of the Differ-X website, mobile applications, APIs, and related services (collectively, the "Platform"). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Platform.
You must be at least 18 years of age and capable of forming a binding contract to use the Platform. By creating an account, you represent and warrant that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Differ-X provides a vehicle search, comparison, and marketplace facilitation platform. Our services include:
All 0–100 Value Scores, market comparison spreads, and algorithmic vehicle valuations are provided strictly for informational and educational purposes based on aggregated live market data inputs. Differ-X does not guarantee specific vehicle buyback offers, retail sales speeds, or localized dealer pricing matches.
Valuations are generated using proprietary algorithms that analyze publicly available and partner-provided market data. Market conditions fluctuate, and actual transaction prices may differ materially from displayed valuations. Differ-X expressly disclaims all warranties, express or implied, regarding the accuracy, completeness, or reliability of any valuation data. You should independently verify all pricing and vehicle condition information before entering into any transaction.
Dealer Contact Authorization
By submitting data on a vehicle lead card or valuation request, you explicitly authorize Differ-X to share your name, email address, and phone number with the dealer or seller listing the vehicle so they may contact you about it. You may revoke this authorization at any time by contacting us at g@differ-x.com.
You represent and warrant that the contact information you provide is your own and that you have the authority to consent to contact at that number and email address. You agree to indemnify and hold harmless Differ-X and its dealer partners from any claim arising out of the use of contact methods to which you have consented.
You agree not to:
All content, features, and functionality on the Platform — including but not limited to text, graphics, logos, icons, images, audio clips, software, algorithms, and the compilation thereof — are owned by Differ-X or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes. No right, title, or interest in or to the Platform or any content therein is transferred to you.
To the maximum extent permitted by applicable law, Differ-X and its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or business interruption, arising out of or in connection with your use of or inability to use the Platform, even if advised of the possibility of such damages. Our total cumulative liability to you for all claims arising from or relating to these Terms shall not exceed the greater of (a) the amount you paid to Differ-X in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).
The limitations above apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Differ-X has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above limitation may not apply to you.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIFFER-X EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
You agree to defend, indemnify, and hold harmless Differ-X and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including any use of your account by a third party.
These Terms are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Platform shall first be addressed through good-faith negotiations. If the dispute cannot be resolved through negotiation within sixty (60) days, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Las Vegas, Nevada, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The following Merchant Subsection applies to dealers, automotive groups, and other business entities ("Merchants") that access the Platform through the Dealer Portal.
Dealer Portal access is provided on a subscription basis. Merchants may select from available subscription tiers, each with specified feature sets, lead volume limits, and pricing. All subscription fees are quoted in U.S. dollars and are exclusive of applicable taxes.
All payment card transactions are processed through tokenized commercial billing protocols managed exclusively through third-party encrypted secure payment networks like Stripe. Differ-X does not store, process, or transmit complete payment card data on its own systems. Our payment processors maintain PCI-DSS (Payment Card Industry Data Security Standard) compliance at the highest applicable level. By providing payment card information, you authorize our payment processors to charge your designated payment method for all applicable fees. Tokenized billing ensures that sensitive card data is replaced with non-sensitive equivalents, reducing the risk of data breach.
Subscription fees are billed monthly in advance on the anniversary of your subscription start date ("Billing Date"). If a Billing Date falls on a date that does not exist in a given month (e.g., the 31st), billing will occur on the last day of that month. Your subscription will automatically renew on a monthly basis unless you cancel in accordance with the cancellation policy below. You authorize Differ-X to charge your payment method on file for all renewal fees.
If you upgrade your subscription tier during a billing cycle, the upgrade will take effect immediately and you will be charged a prorated amount for the remainder of the current billing cycle based on the difference between your old and new subscription rates. If you downgrade your subscription tier, the downgrade will take effect at the start of the next billing cycle, and no prorated refund will be issued for the current cycle. If you add additional seats, modules, or services mid-cycle, charges will be prorated for the remaining days in the current billing period.
You may cancel your Dealer Portal subscription at any time by providing written notice to billing@differ-x.com or through the cancellation interface within the Dealer Portal. Cancellation requests must be received at least five (5) business days prior to your next Billing Date to avoid being charged for the subsequent billing cycle. Upon cancellation:
Payments not received within ten (10) days of the Billing Date may result in suspension of Dealer Portal access. Accounts remaining past due for more than thirty (30) days may be subject to collection efforts, and you agree to reimburse Differ-X for all reasonable costs of collection, including attorneys' fees.
Differ-X reserves the right to modify subscription fees upon thirty (30) days' prior written notice. Fee changes will take effect at the start of the next billing cycle following the notice period. Your continued use of the Dealer Portal after the fee change takes effect constitutes acceptance of the revised fees.
We may revise these Terms from time to time. The most current version will always be posted on the Platform. Material changes will be communicated via email or prominent notice. Your continued use of the Platform after changes become effective constitutes your acceptance of the revised Terms.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated herein, constitute the entire agreement between you and Differ-X regarding the Platform and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written.
If you have any questions about these Terms, please contact us:
Differ-X, Inc.
Email: g@differ-x.com
Mailing Address: Attn: Legal Department, 2312 Stone Well Rd, North Las Vegas, NV 89031