Terms of Service

Effective date: May 17, 2026 · Version 2026-05-17

These Terms of Service ("Terms") are a binding agreement between you and your dealership ("Client", "you", "your") and BCHardy LLC, a Utah limited liability company ("BCHardy", "we", "us", "our"), operator of the DLR platform ("DLR" or the "Service"). By clicking "Activate account", signing up, or otherwise using the Service, you agree to these Terms.

1. The Service and Sender of Record

DLR is a software platform that helps automotive dealerships re-engage prior sales leads via SMS. The Service includes hosted application access, message delivery through third-party telecommunications providers (currently Telnyx), automated workflows, dealer-side inbox tooling, and reporting.

DLR is software and infrastructure used by the dealership. It is not a messaging service of BCHardy and is not the originator of consent for any message. The dealership is the sender of record for every message transmitted on its behalf through the Service. The dealership owns its leads, its customer relationships, its message content, and its consent records. BCHardy provides the platform and the carrier-registered messaging infrastructure; BCHardy does not author message content, does not select recipients, and does not represent that any recipient has consented to be contacted.

2. Billing and Subscription

Access to the Service is provided on a recurring subscription basis. You select a plan at activation. BCHardy LLC is the merchant of record for all fees. Payments are processed by our payment processor (currently Stripe). By providing payment information you authorize BCHardy to charge the applicable subscription fees and any usage-based charges to your payment method on each renewal date until you cancel.

3. Renewals, Cancellation, and Refunds

Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date. You may cancel at any time from the Settings area of the application or by emailing us. Cancellation takes effect at the end of the current billing period; you will continue to have access until then.

Fees are non-refundable except where required by applicable law or expressly stated in writing by BCHardy. We do not pro-rate mid-cycle cancellations. If we materially reduce or discontinue the Service during a paid period, we will offer a pro-rated refund of the unused portion.

4. No Guarantee of Results or Delivery

DLR is a tool. It does not guarantee any particular outcome. We make no representation or warranty that the Service will produce any specific number of message deliveries, replies, revived leads, appointments, showroom visits, sales, or revenue, or that any individual message will be delivered at all. Outreach effectiveness depends on factors outside our control, including the quality and freshness of the lead data you upload, the consent status of those leads, your dealership's responsiveness, carrier message filtering and throttling, 10DLC registration status, recipient handset state, and market conditions.

5. Your Representations, Warranties, and Responsibilities

5.1 Representations and warranties

By using the Service, and on each occasion that you upload contact data, configure a campaign, or send messages, you represent and warrant to BCHardy that:

Authority. You are authorized to bind the dealership for which the account is opened and to enter into these Terms on its behalf.
Lawful source of data. All names, phone numbers, email addresses, consent records, and other contact information you upload to, import into, or otherwise process through the Service were obtained lawfully by your dealership in the ordinary course of business, regardless of the source (your CRM, your web forms, your phone-room intake, third-party lead aggregators, or otherwise).
Consent for outreach. Each individual you contact through the Service has provided the consent required by applicable law and carrier policy to receive SMS communications from your dealership about the vehicle or topic referenced — including, where applicable, prior express written consent under the Telephone Consumer Protection Act (TCPA), and consent meeting state-law equivalents (e.g., Florida Mini-TCPA, Washington's CEMA, Oklahoma's TCPA) where the recipient is located.
Proof of consent. Your dealership — not BCHardy — is solely responsible for retaining and producing evidence of consent for any contacted individual if challenged by a recipient, a regulator, a carrier, a court, or any other party. BCHardy does not warrant, certify, or audit the consent status of any contact you upload.
Sender of record. Your dealership is the sender of record for all messages your account transmits through the Service. You acknowledge that BCHardy is a software platform and message conduit, not the originator of consent and not a co-sender or co-author of your dealership's outreach.
Opt-out and suppression. You will immediately and permanently honor every opt-out, "STOP", revocation, or do-not-contact request — whether captured by the Service automatically, communicated to your dealership outside the Service (by phone, email, in person, web form, or otherwise), or maintained on any internal or third-party suppression / do-not-call list applicable to your dealership. You will not attempt to re-contact opted-out individuals through the Service, through another platform, or through a different number.
Content. The content and accuracy of every message template, workflow, and reply your account approves or sends through the Service is your responsibility.
10DLC and carrier registration. All business information you submit for 10DLC / carrier campaign registration (legal entity name, EIN, brand name, opt-in language, sample messages, expected volume, etc.) is accurate, current, and lawfully attributable to your dealership.
No prohibited content or recipients. You will not use the Service to message individuals who have not consented, to send unlawful or carrier-prohibited content (including SHAFT — sex, hate, alcohol, firearms, tobacco, controlled substances, or any other category restricted by carriers or CTIA guidelines), or to evade carrier filtering.

Each of the above is a continuing representation — you make it again every time you upload data, configure a campaign, or send a message through the Service.

5.2 Account responsibilities

You are also solely responsible for designating an authorized administrator on the account, securing account credentials, and for the actions taken by anyone using your account, whether authorized by you or not. You will notify us promptly of any compromise of your account.

6. Acceptable Use

You may not use the Service to send unsolicited messages, harass recipients, contact anyone who has opted out or who has not provided lawful consent, send unlawful content, evade carrier filtering, or violate any law or carrier policy. We may refuse, throttle, or filter outbound messages and may suspend or terminate accounts engaged in or reasonably suspected of any of the foregoing.

7. Carriers, 10DLC, and Deliverability

SMS messaging in the United States depends on third-party wireless carriers and registration processes (including The Campaign Registry / 10DLC). Approval timelines, throughput limits, message filtering, and deliverability are determined by carriers and are not within BCHardy's control. BCHardy is not liable for delays, suspensions, blocks, throttling, or non-delivery of messages caused by carriers, registrars, or telecommunications providers.

8. Suspension and Termination

We may suspend or terminate your access immediately, with or without notice, for nonpayment, suspected fraud, violation of these Terms or our Acceptable Use rules, or for risk to the integrity of the platform or to other clients. You may terminate your subscription at any time as described in Section 3. On termination, your right to access the Service ends, but Sections 3 (Fees), 5 (Representations, Warranties, and Responsibilities), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 12 (Governing Law) survive — including for outreach you previously sent through the Service.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DATA WILL BE DELIVERED OR PRESERVED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BCHARDY, ITS AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BCHARDY'S TOTAL AGGREGATE LIABILITY UNDER OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO BCHARDY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification by You

You will defend, indemnify, and hold harmless BCHardy, its members, officers, employees, contractors, affiliates, licensors, and service providers from and against any and all third-party claims, demands, suits, actions, investigations, proceedings, and resulting losses, damages, liabilities, judgments, settlements, fines, penalties, regulatory assessments, statutory damages, and costs (including reasonable attorneys' fees and expenses) arising out of or relating to:

The contact data (names, phone numbers, email addresses, consent records, lead metadata, or any other personal information) that you or anyone using your account uploads, imports, syncs, or otherwise processes through the Service — including any claim that the data was not lawfully obtained or that the source of the data did not permit its use for SMS outreach.
Any claim that an individual contacted through the Service did not provide the consent required by the TCPA, a state-law equivalent, CAN-SPAM, carrier policy, CTIA guidelines, or any other applicable law or contract; or that consent was revoked and not honored.
Any opt-out, "STOP", do-not-contact, or revocation request that your dealership failed to honor (including those collected outside the Service).
The content of any message your account sent or attempted to send through the Service.
Any inaccurate, misleading, or unauthorized information you provided for 10DLC / carrier campaign registration.
Your breach or alleged breach of any representation, warranty, or obligation in Section 5 (Representations, Warranties, and Responsibilities) or any other provision of these Terms.
Your violation or alleged violation of any law, regulation, or carrier policy, including the TCPA, state telephone-consumer-protection statutes, CAN-SPAM, the FTC Act, state UDAP / unfair-trade-practice statutes, and consumer-privacy laws (CCPA, state privacy acts, etc.).

BCHardy will promptly notify you of any claim covered by this section, will reasonably cooperate with your defense at your expense, and may participate in the defense with counsel of its choosing. You will not settle any claim that imposes any obligation or admission on BCHardy without BCHardy's prior written consent.

12. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to its conflict of laws principles. Exclusive jurisdiction and venue for any dispute will lie in the state or federal courts located in Utah County, Utah, and the parties consent to that jurisdiction.

13. Changes

We may update these Terms from time to time. Material changes will be posted at this URL with an updated version number and effective date. Continued use of the Service after the new effective date constitutes acceptance of the revised Terms.

14. Contact

BCHardy LLC
1346 West Fort Rock Drive
Saratoga Springs, UT 84045
support@dlr-sms.com

Related policies: Privacy Policy · SMS Terms