Terms of Service

1. Acceptance of Terms

By accessing or using the Commos platform, website, or any related services (collectively, the “Services”) provided by Pinto Technologies, Inc. (“Commos,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Services. These Terms apply to all visitors, users, and others who access the Services.

2. Description of Services

Commos provides software that automates administrative and back-office work for automotive dealerships. The Services may include report generation and delivery, data extraction and transformation, document processing, reconciliation support, workflow automation, integrations with dealer management systems (“DMS”) and other dealership software, and associated APIs and tools. We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice.

3. Accounts and Registration

To access the Services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must control which of your personnel have access and remove access promptly when it is no longer needed. Notify us immediately at founders@commos.co of any unauthorized use. We reserve the right to terminate accounts that violate these Terms.

4. Access to Your Systems and Third-Party Platforms

The Services may require access to your DMS, accounting system, file transfer endpoints, or other third-party platforms. You are responsible for:

• Obtaining and maintaining your own licenses and subscriptions to those platforms.
• Providing or authorizing credentials, API access, user accounts, or file feeds.
• Confirming that your agreements with those vendors permit the access you grant to us.

You represent that you have the authority to grant this access. We will use it only to provide the Services and only within the scope you configure. We are not responsible for the availability, accuracy, or performance of any third-party platform, or for changes a vendor makes to it. If a vendor restricts or revokes access, the affected part of the Services may stop working.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:

• Access, or attempt to access, any system, account, or data that you are not authorized to access.
• Process consumer information without the notices, consents, and permissible purpose that applicable law requires.
• Use the Services, or outputs of the Services, to make credit, insurance, employment, or pricing decisions in a manner that violates the Equal Credit Opportunity Act, the Fair Credit Reporting Act, or other applicable law.
• Alter financial, accounting, or regulatory records in a false or misleading way.
• Reverse engineer, decompile, or attempt to extract the source code of our software or AI models.
• Upload malicious code, or interfere with the security or integrity of the Services.
• Resell or sublicense the Services without our prior written consent.

6. Customer Data

You retain ownership of all data you input into the Services or make available to us through a connected system, including dealership records, consumer information, financial data, and documents (“Customer Data”). You grant Pinto Technologies, Inc. a limited license to access, store, and process Customer Data solely to provide, maintain, and support the Services.

You are responsible for the accuracy of Customer Data and for your right to provide it to us. You represent that you have given all notices and obtained all consents that applicable law requires.

We do not sell Customer Data. We do not use Customer Data that identifies a consumer to train general-purpose AI models.

7. Privacy, Security, and Compliance

We maintain administrative, technical, and physical safeguards designed to protect Customer Data, consistent with the Gramm-Leach-Bliley Act, the FTC Safeguards Rule, and applicable state privacy laws.

Where we process nonpublic personal information on your behalf, we act as your service provider. We will process that information only on your documented instructions and will require our subcontractors to maintain comparable protections. A separate data protection agreement, if the parties execute one, controls over this section to the extent of any conflict.

You remain responsible for your own obligations under those laws, including your written information security program, your privacy notices, and your oversight of service providers.

Notify us at founders@commos.co if you become aware of any unauthorized access to Customer Data through your account.

8. Automated Outputs and Human Review

The Services produce automated outputs. These outputs can contain errors, omissions, or misclassifications.

You must review outputs before you rely on them. Do not use an output as a final accounting entry, regulatory filing, customer communication, payment instruction, or financial decision without review by a qualified person at your organization.

The Services are software. They are not accounting, tax, legal, compliance, or financial advice, and they do not replace your controls, your approvals, or your professional advisors.

9. Intellectual Property

All rights, title, and interest in and to the Services, including our software, AI models, trademarks, and content, are and remain the exclusive property of Pinto Technologies, Inc. Nothing in these Terms grants you any right to use our trademarks, trade names, or branding without our prior written consent. Feedback or suggestions you provide may be used by us without obligation or compensation to you.

10. Confidentiality

Each party may receive confidential information of the other party. The receiving party will protect that information with at least reasonable care, will use it only to perform under these Terms, and will not disclose it to third parties except to personnel and subcontractors who need it and are bound by comparable obligations. This section does not apply to information that is public through no fault of the receiving party, that the receiving party already had, or that it develops independently. Disclosure required by law is permitted, with notice to the other party where lawful.

11. Fees and Payment

Access to the Services requires payment of fees as described in your service plan or order form. Fees exclude taxes, which you are responsible for, other than taxes on our income. All fees are non-refundable except as required by law or as expressly stated in your agreement with us. We reserve the right to change pricing with 30 days’ notice. Failure to pay fees may result in suspension or termination of your account.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE OR COMPLETE. YOU USE THE SERVICES AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINTO TECHNOLOGIES, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless Pinto Technologies, Inc. and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your Customer Data, the access you grant us to your systems and third-party platforms, or your violation of these Terms.

15. Term and Termination

We may suspend or terminate your access to the Services at any time for any reason, including violation of these Terms, with or without notice. Upon termination, your right to use the Services will immediately cease.

For 30 days after termination, you may request a copy of your Customer Data in a standard format. After that period, we will delete or de-identify Customer Data within a commercially reasonable time, except for copies we must retain by law or that exist in routine backups.

Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, confidentiality, warranty disclaimers, and limitations of liability.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page with a new effective date. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

18. Contact Us

For questions about these Terms, please contact:

Pinto Technologies, Inc.

Operating as Commos

founders@commos.co