Terms of Service

1. Acceptance of Terms

Welcome to Carculus. These Terms of Service (“Terms”) are a legally binding agreement between you and Carculus Automotive LLC (“Carculus,” “we,” “our,” or “us”) governing your access to and use of the Carculus website at carculus.ai, our mobile applications, and all related services (collectively, the “Services”). Financing services described herein are provided by Carculus Finance LLC (“Carculus Finance”), a wholly-owned subsidiary of Carculus Automotive LLC licensed under the California Finance Lenders Law.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Services.

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on our website and, for registered users, by email notification. Your continued use of the Services after the effective date of any modification constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years old and a legal resident of the United States to use our Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements. To purchase a vehicle through the Platform, you must have a valid driver's license and the legal capacity to execute a vehicle purchase agreement. To apply for financing through Carculus Finance, you must meet additional eligibility requirements as determined by Carculus Finance in its sole discretion.

3. User Accounts

To access certain features of the Services, including saving vehicles, submitting credit applications, completing purchases, and tracking orders, you must create an account. You agree to provide accurate and complete registration information, maintain the security of your password, promptly update your information if it changes, notify us immediately of any unauthorized account access, and accept responsibility for all activity that occurs under your account.

We may suspend or terminate your account if we reasonably believe you have violated these Terms, provided false information, engaged in fraudulent activity, or used the Services in a manner that could harm Carculus, our dealers, other users, or third parties.

4. How Carculus Works

4.1 Carculus as Marketplace and Lender

Carculus operates in two capacities. First, as an online automotive marketplace where licensed California motor vehicle dealers (“Partner Dealers”) list vehicles for sale and consumers can browse, compare, and purchase those vehicles. Second, through Carculus Finance, as a direct consumer lender that originates auto loans for eligible vehicles and qualified consumers.

For financed purchases (Platform Transactions): Carculus Finance originates the loan, verifies your identity, underwrites the credit decision, collects your payments, and assumes full responsibility for the integrity of the transaction. The selling dealer's role is limited to accurately representing the vehicle, preparing it for delivery, and completing DMV paperwork.

For cash purchases: Carculus acts as a payment facilitator — collecting your payment, temporarily holding the funds, and releasing them to the dealer upon completion of the transaction. Cash purchases are completed between you and the dealer. Carculus does not assume transaction liability for cash purchases. The dealer is responsible for all aspects of a cash sale.

4.2 Pricing Transparency

“True Price” means the total dealer price for a vehicle, including the dealer's sale price, any dealer-installed add-ons or accessories, and the dealer's documentation fee. The True Price is the maximum price a dealer may charge for the vehicle itself. It does not include government-imposed taxes and fees.

“Out-the-Door Price” means the True Price plus estimated California sales tax, DMV registration fees, title transfer fees, and other government-imposed charges calculated by the Platform's fee engine based on current California fee schedules, your location, and the vehicle's specifications. The Out-the-Door Price represents the estimated total cost to purchase the vehicle. Actual government fees may vary slightly from estimates; any overcharges will be refunded.

All pricing displayed on the Platform is provided by the selling dealer and verified by Carculus for compliance with our pricing standards. Dealers are contractually prohibited from adding fees or charges beyond those reflected in the True Price and applicable government fees.

4.3 Trade-In Valuations

Carculus offers trade-in valuations based on the vehicle information you provide (VIN, mileage, condition). Trade-in valuations are estimates and are not binding offers. A trade-in valuation may be applied toward the purchase of a vehicle on the Platform, subject to the selling dealer's acceptance and a physical inspection of your trade-in vehicle at or before delivery.

By requesting a trade-in valuation, you represent that you are the registered owner of the trade-in vehicle (or have authority to sell it), that the information you provide about the vehicle is accurate and complete, and that you will disclose any known defects, damage history, liens, or title issues. Carculus may share your trade-in vehicle information with the selling dealer to facilitate the transaction, but only with your express consent as described in our Privacy Policy.

If your trade-in vehicle has an existing lien, you are responsible for providing accurate payoff information. Carculus or the selling dealer may verify the payoff amount directly with your lienholder. Any difference between the payoff amount and the trade-in value will be reflected in your transaction.

5. Purchasing a Vehicle

5.1 Binding Transactions

Completing the purchase process on the Platform creates a binding transaction. For financed purchases, this means completing all required steps including credit application submission, credit approval by Carculus Finance, deal finalization (including selection of optional products such as Vehicle Service Contracts and GAP coverage), and order confirmation. Once you confirm your order, both you and the selling dealer are obligated to complete the transaction, subject to the exceptions described below.

For cash purchases facilitated through the Platform, submitting payment through the Platform constitutes your commitment to the transaction. Carculus will collect your payment and hold it until the dealer confirms the transaction.

5.2 Credit Applications & Financing

When you apply for financing through Carculus Finance, you authorize Carculus Finance to obtain your consumer credit report from one or more credit reporting agencies, verify your identity and the information in your application, make a credit decision, and originate a loan if approved. All loans originated by Carculus Finance are subject to Carculus Finance's underwriting criteria, which may include minimum credit score requirements, maximum loan-to-value ratios, vehicle eligibility standards, and other factors.

If your application is declined: Carculus Finance will provide you with an adverse action notice as required by law. If you opted in to dealer lead sharing during the application process, your limited contact information and vehicle interest (but not your SSN, credit report, or financial details) may be shared with the selling dealer so they can independently attempt to arrange financing for you.

If you are approved but do not complete the purchase: If you opted in to dealer lead sharing, your limited contact information may be shared with the selling dealer as described above and in our Privacy Policy.

5.3 Optional Products

During the purchase process, you may be offered optional products including Exclusionary Mechanical Repair Coverage (Vehicle Service Contracts) and GAP waiver coverage. These products are optional. You are not required to purchase them to complete your vehicle purchase or to obtain financing. The cost of any optional products you select will be clearly disclosed before you confirm your order and, for financed purchases, will be included in your financed amount.

5.4 Delivery

Delivery may take ten (10) to fourteen (14) business days from order confirmation to accommodate shipping logistics, dealer preparation, and administrative processing. Actual delivery may occur sooner. You will receive status updates through your account dashboard and via email.

You may choose between dealership pickup or home delivery. For home delivery, a shipping fee will be clearly displayed during the purchase process. Carculus arranges and pays shipping carriers directly; the shipping fee collected from you covers this cost. Notary services required at delivery are arranged and paid for by Carculus.

5.5 Delivery Inspection & Vehicle Rejection

At the time of delivery, you will have the opportunity to inspect the vehicle. If the vehicle's condition materially differs from its listing on the Platform, you may reject delivery. In the event of a rejection on a financed purchase (Platform Transaction), Carculus will arrange and pay for return shipping and handle your refund directly. In the event of a rejection on a cash purchase, the dealer is responsible for refund and return logistics.

5.6 Dealer Acknowledgment

After you complete a purchase, the selling dealer has thirty-six (36) hours to acknowledge the transaction through their dealer portal. If a dealer fails to acknowledge your purchase within this window, Carculus will intervene to ensure your transaction is completed or, if necessary, assist you with an alternative resolution.

6. Payment & Refunds

6.1 Financed Purchases (Platform Transactions)

For vehicles financed through Carculus Finance, your loan terms (interest rate, monthly payment, loan duration) will be clearly disclosed before you confirm your purchase, in compliance with the Truth in Lending Act. Monthly payments are processed via mandatory ACH transfer from your designated bank account. You will receive a loan agreement with complete terms before your first payment is due.

Refunds on financed purchases are handled entirely by Carculus. If you reject a vehicle at delivery or if a transaction is cancelled for any reason, Carculus will process your refund directly. You do not need to seek a refund from the dealer for a financed purchase.

6.2 Cash Purchases

For cash purchases facilitated through the Platform, Carculus collects your payment and acts as a payment facilitator. Funds are released to the dealer within forty-eight (48) hours of the dealer's acknowledgment of the completed transaction. Carculus does not share your banking or payment account information with the dealer; the dealer receives only the transaction funds.

Refunds on cash purchases after funds have been released to the dealer are the dealer's responsibility. The dealer will issue any refund directly to you, typically by check unless you and the dealer agree on an alternative arrangement. Carculus will facilitate communication between you and the dealer but does not guarantee or process refunds on cash transactions after fund release.

6.3 Trade-In Credits

If your purchase includes a trade-in, the agreed trade-in value will be applied as a credit toward the purchase price. For financed purchases, the trade-in credit reduces your financed amount. For cash purchases, the trade-in credit reduces the amount you pay. If the trade-in value exceeds the purchase price, the excess will be refunded to you. If your trade-in has an outstanding lien, the payoff amount will be deducted from the trade-in value before any credit is applied.

7. Carculus Transaction Guarantee

For all financed purchases where Carculus Finance originates the loan (Platform Transactions), Carculus assumes full responsibility for the integrity of the transaction, including identity verification, credit underwriting, and fraud prevention. If a financed transaction is determined to be fraudulent — including identity theft, use of stolen financial credentials, or synthetic identity fraud — Carculus will work to resolve the matter and you will not be held liable for a transaction you did not authorize.

This Transaction Guarantee does not apply to cash purchases, which are completed between you and the dealer. For cash purchases, you are responsible for ensuring the transaction is conducted properly.

8. Vehicle Listings & Information

Vehicle listings on the Platform are provided by Partner Dealers. Carculus verifies that listings comply with our pricing and content standards, but we do not independently inspect every vehicle. Vehicle descriptions, photographs, reconditioning reports, and condition assessments are provided by the selling dealer. Carculus displays Carfax data and other third-party vehicle history information where available, but this data is sourced from third parties and Carculus does not independently verify its accuracy.

If a vehicle's actual condition materially differs from its listing, you have the right to reject delivery as described in Section 5.5. Post-delivery vehicle complaints (mechanical issues, undisclosed defects, missing accessories) should be directed to the selling dealer, who is contractually obligated to address and resolve such issues. Carculus can facilitate communication but is not responsible for post-delivery vehicle condition.

8.1 Permanent Vehicle History Pages

Every vehicle listed on the Platform receives a permanent Vehicle Detail Page (VDP) on carculus.ai that persists indefinitely as a vehicle history record. After a vehicle is sold, transaction-specific information (pricing, dealer photos) is removed, but non-transaction vehicle data (specifications, reconditioning history, inspection records) is retained permanently. Your personal information as a buyer is never displayed on any public vehicle page.

9. Post-Delivery & Vehicle Complaints

After you take delivery of your vehicle, the selling dealer is responsible for addressing any vehicle-related complaints, including mechanical issues, undisclosed defects, missing accessories, and warranty claims. Carculus may facilitate communication between you and the dealer but does not assume responsibility for the vehicle's condition after delivery.

Nothing in these Terms limits your rights under applicable California consumer protection laws, the Magnuson-Moss Warranty Act, or manufacturer warranty programs. If your vehicle is covered by a manufacturer's warranty, your warranty claims should be directed to the manufacturer or an authorized service center.

10. Intellectual Property

All content on the Services — including text, graphics, logos, images, software, data compilations, True Price calculations, market intelligence, and the Platform's design — is the property of Carculus or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Vehicle photographs and dealer-provided content are the property of the respective dealers and are displayed under license. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Services without prior written consent from the content owner.

You may print or download content for personal, non-commercial use related to a potential vehicle purchase. Any automated access to the Services (bots, scrapers, crawlers) is prohibited without our prior written permission.

11. Prohibited Conduct

You agree not to: violate any applicable law or regulation; provide false, misleading, or fraudulent information (including on credit applications); use the Services to commit identity theft or financial fraud; interfere with or disrupt the Services, servers, or networks; attempt to gain unauthorized access to any part of the Services; use automated tools to access the Services without permission; circumvent or attempt to circumvent any security measures; misrepresent your identity or affiliation; harass, threaten, or defraud any other user, dealer, or Carculus employee; or use the Services for any purpose other than personal vehicle shopping, purchasing, and account management.

12. Disclaimers

13. Limitation of Liability

14. Indemnification

You agree to indemnify, defend, and hold harmless Carculus, Carculus Finance, and their respective officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: your violation of these Terms; your use of the Services in a manner not authorized by these Terms; any fraudulent or illegal activity you conduct through the Services; your violation of any third party's rights; or any information you provide that is false, misleading, or inaccurate (including on credit applications or trade-in submissions).

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact us at legal@carculus.ai to attempt to resolve the dispute informally. We will attempt to resolve the matter within thirty (30) days of receiving your written description of the dispute.

15.2 Binding Arbitration

If the dispute is not resolved informally, it shall be resolved by binding arbitration administered by JAMS in Marin County, California, under its Comprehensive Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own attorneys' fees unless the arbitrator determines that one party's position was frivolous or in bad faith.

15.3 Class Action Waiver

15.4 Jury Trial Waiver

15.5 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Claims arising under the FCRA, TILA, ECOA, or other federal consumer financial protection statutes may be brought in any court of competent jurisdiction to the extent arbitration of such claims is prohibited by law.

15.6 Governing Law & Venue

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Marin County, California.

16. Termination

We may suspend or terminate your access to the Services at any time if you violate these Terms, engage in fraudulent or illegal activity, or for any other reason with reasonable notice. Upon termination, your right to use the Services will immediately cease, but obligations that have already accrued (including pending transactions, loan obligations, and payment obligations) will survive.

You may close your account at any time by contacting us at support@carculus.ai. Account closure does not relieve you of any outstanding loan obligations to Carculus Finance, pending transaction commitments, or other accrued obligations.

The following sections survive termination: Sections 10 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), and any other provisions that by their nature should survive.

17. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any applicable loan agreements or transaction documents, constitute the entire agreement between you and Carculus regarding the Services.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. Carculus may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, upon notice to you.

Electronic Communications: By using the Services, you consent to receiving electronic communications from us, including transaction confirmations, account notifications, legal notices, and (with your separate consent) marketing communications. Electronic communications satisfy any legal requirement that such communications be in writing.

Force Majeure: Carculus shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, cyberattacks, government actions, or disruptions in telecommunications or internet services.