Terms of Service

Version 2.0 · Effective April 2026

1. Parties and Acceptance

These Terms of Service (“Terms”) constitute a legally binding agreement between Dealer Intelligence Group, LLC, an Alabama limited liability company (“Company,” “we,” “us,” or “our”), and the individual or organization registering for or using the Skillbase platform (“Employer,” “Hiring Manager,” or “you”). These Terms govern your access to and use of the Skillbase web application, APIs, reports, and all associated services (collectively, the “Platform”).

By creating an account, accepting an invitation, or otherwise using the Platform, you represent that: (a) you have the authority to bind yourself and, if applicable, the organization you represent to these Terms; (b) you are at least 18 years of age; and (c) your use of the Platform will comply with all applicable laws and these Terms.

2. Description of Service

Skillbase is a pre-employment assessment platform designed for automotive dealerships and related employers. The Platform provides behavioral, situational judgment, and knowledge-based assessments for job Candidates, along with scoring reports, fit indices, competency profiles, and hiring management tools for Employers and Hiring Managers.

3. Employer Account Registration and Security

• You must register with a valid business email address and create a secure password. You are responsible for maintaining the confidentiality of your credentials.
• You are responsible for all activities that occur under your account, whether or not authorized by you.
• You agree to notify us immediately of any unauthorized access or suspected breach of your account at legal@dealerintelgroup.com.
• The Company reserves the right to suspend or terminate accounts that show signs of unauthorized access or security compromise.
• You may not share account credentials with individuals outside your organization. Each active Hiring Manager should maintain a separate account.

4. Permitted Use and Restrictions

4.1 Permitted Use

You may use the Platform solely for lawful pre-employment assessment purposes in connection with your dealership or authorized organization, subject to these Terms and all applicable law.

4.2 Prohibited Use

You expressly agree not to:

• Use the Platform for any purpose other than lawful pre-employment screening and evaluation
• Use assessment results as the sole basis for disqualifying any Candidate from consideration for employment
• Use the Platform to discriminate against Candidates on the basis of any legally protected characteristic under federal or applicable state law, including but not limited to race, color, religion, sex, national origin, age, disability, genetic information, or any other protected class
• Share, redistribute, sublicense, or resell Platform access, assessment content, questions, or scoring methodologies to any third party
• Attempt to reverse-engineer, decompile, disassemble, or derive the scoring algorithms, psychometric models, or any other proprietary Platform component
• Access or attempt to access another user’s account without authorization
• Upload or transmit malicious code, data scraping tools, or any content that interferes with Platform operation
• Use the Platform in violation of any applicable equal employment opportunity law, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, or any state analogue
• Permit any individual under 18 years of age to complete a Platform assessment

5. Candidate Invitations and Employer Responsibilities

By inviting a Candidate to complete a Platform assessment, the Employer represents and warrants that:

• The Employer has a legitimate, lawful employment-related purpose for requesting the assessment
• The Employer has provided the Candidate with all required pre-assessment disclosures under applicable federal and state law, and the Candidate has provided any required consent
• The Employer will use assessment results only as one component of a comprehensive, lawful hiring evaluation process
• The Employer will not share Candidate assessment results with any third party outside the Employer’s organization without the Candidate’s consent
• The Employer will retain and handle Candidate assessment results in compliance with all applicable employment and privacy laws

The Company bears no responsibility for the Employer’s failure to comply with applicable employment law or for any adverse employment decision made by the Employer in connection with Platform results.

6. Assessment Results — Limitations and Disclaimer

The Company makes no representation that use of the Platform ensures compliance with any federal or state employment law, including without limitation equal employment opportunity requirements, the Americans with Disabilities Act, or any state-specific automated employment decision tool regulation. Compliance with all such laws is the Employer’s sole responsibility.

7. Intellectual Property

All content on or generated by the Platform — including assessment questions, scoring algorithms, psychometric models, report templates, competency frameworks, benchmark data, design elements, software code, and documentation — is the proprietary intellectual property of Dealer Intelligence Group, LLC and is protected by copyright, trade secret, patent, and other applicable intellectual property laws.

These Terms do not convey any ownership interest in the Platform or its content. Employers receive a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for internal pre-employment screening purposes during an active subscription. All other rights are expressly reserved.

Employers grant the Company a perpetual, royalty-free, irrevocable license to use de-identified and aggregated data derived from Platform usage — including assessment response patterns, scoring distributions, and outcome correlations — for product improvement, benchmarking, research, and commercialization purposes.

8. Fees, Payment, and Subscription

• Fees are billed in advance on the schedule selected at checkout (monthly or annual). All payments are processed through Stripe.
• You agree to provide accurate, complete billing information and authorize recurring charges in the amount disclosed at checkout.
• Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date through your account settings.
• All fees are non-refundable except as required by applicable law or as expressly stated in a separate written agreement.
• The Company reserves the right to modify pricing with thirty (30) days’ advance notice to registered Employers. Continued use after the effective date of a price change constitutes acceptance.
• Delinquent accounts may be suspended immediately and referred to collections. The Company reserves the right to charge interest on delinquent balances at the maximum rate permitted by applicable law.

9. Confidentiality

The Platform’s assessment questions, scoring algorithms, psychometric models, and report methodologies constitute proprietary and confidential information of the Company (“Confidential Information”). Employers agree to: (a) hold Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party; (c) use Confidential Information only for the purposes contemplated by these Terms; and (d) immediately notify the Company of any known or suspected unauthorized disclosure.

This confidentiality obligation survives termination of these Terms indefinitely.

10. Data and Privacy

The collection, use, retention, and disclosure of personal information through the Platform are governed by the Privacy Policy, which is incorporated into these Terms by reference. In the event of conflict between these Terms and the Privacy Policy regarding data handling, the Privacy Policy controls.

Employers are independently responsible for compliance with all privacy laws applicable to their use of Candidate assessment data, including any obligations as a data controller under applicable state privacy law.

11. Disclaimer of Warranties

12. Limitation of Liability

THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY THE EMPLOYER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

The foregoing limitations apply to all claims whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory. Some states do not allow certain limitations of liability; in such states, liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, members, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your use of the Platform; (b) any hiring decision you make in connection with Platform results; (c) your violation of these Terms or any applicable law; (d) your violation of any third-party right, including any employment-related right of a Candidate; or (e) any claim that your use of the Platform violated any federal or state equal employment opportunity, non-discrimination, or assessment-related law.

The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with the Company’s defense.

14. Term and Termination

These Terms are effective upon account creation and continue until your subscription expires, is cancelled, or is terminated.

You may cancel your subscription at any time through account settings. Cancellation takes effect at the end of the then-current billing period. No refund is issued for unused subscription time.

The Company reserves the right to suspend or terminate your account immediately and without prior notice: (a) for material violation of these Terms; (b) for any use of the Platform that creates legal exposure for the Company; (c) for non-payment of fees; (d) upon reasonable belief of fraudulent or unauthorized activity; or (e) at the Company’s sole discretion for any reason upon fifteen (15) days’ written notice.

Upon termination, your right to access the Platform ceases immediately. Employer account data and associated Candidate data are subject to the retention terms in the Privacy Policy.

Sections 7, 9, 11, 12, 13, 15, 16, 17, and 18 survive termination of these Terms.

15. Modifications to These Terms

The Company may modify these Terms at any time. Material modifications will be communicated to registered Employers via email at least fourteen (14) days before the effective date. Non-material modifications take effect upon posting. Continued use of the Platform after the effective date of any modification constitutes acceptance. If you do not accept modified Terms, you must cancel your subscription before the effective date.

16. Governing Law

These Terms are governed by the laws of the State of Alabama, without regard to its conflict of laws principles. Any dispute not subject to arbitration under Section 17 shall be resolved exclusively in the state or federal courts of Jefferson County, Alabama. Each party irrevocably consents to the personal jurisdiction of such courts and waives any objection to venue therein.

17. Dispute Resolution — Mandatory Arbitration and Class Action Waiver

17.1 Agreement to Arbitrate

17.2 Class Action Waiver

17.3 Jury Trial Waiver

TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, BOTH PARTIES IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM.

17.4 Limitation of Actions

Any claim or cause of action arising out of or related to these Terms or the Platform must be filed within one (1) year of the date the claimant knew or reasonably should have known of the claim. Claims not filed within this period are permanently barred, notwithstanding any longer statute of limitations under applicable law.

17.5 Exceptions

Notwithstanding Section 17.1, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or Confidential Information pending arbitration. Filing for such relief does not waive the right to arbitration.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Candidate Disclosure Form, constitute the complete agreement between the parties with respect to the Platform and supersede all prior agreements and understandings.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force. Invalid provisions shall be modified to the minimum extent necessary to make them enforceable.
• No Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement rights.
• No Partnership: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
• Assignment: The Company may assign these Terms without restriction. You may not assign your rights or obligations under these Terms without prior written consent of the Company. Any purported assignment in violation of this provision is void.
• Force Majeure: The Company is not liable for failure or delay in performance resulting from causes beyond its reasonable control, including cyberattacks, natural disasters, acts of government, or infrastructure failures.
• Notices: Legal notices to the Company must be sent to legal@dealerintelgroup.com. The Company may provide notices to Employers via email to the address on file.

19. Contact

For questions about these Terms:

Dealer Intelligence Group, LLC — Skillbase
Email: legal@dealerintelgroup.com
Attn: Legal — Skillbase Terms of Service
Birmingham, Alabama 35242