Terms of Service

These Terms of Service ("Terms") govern access to and use of the Swept website at sweptauto.com, the Swept application, and related services (collectively, the "Service"). The Service is operated by Bottle Rocket Growth, Chicago, Illinois ("Swept," "we," "us"). By creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of yourself and the dealership or business you represent ("you," "Dealer"). If you do not agree, do not use the Service.

1. The Service

Swept is a software tool for independent automobile dealers. It (a) decodes Vehicle Identification Numbers ("VINs") you submit, (b) checks vehicles against publicly available National Highway Traffic Safety Administration ("NHTSA") safety recall data on a recurring basis, (c) where available, performs VIN-level open-recall verification through third-party data providers, (d) generates point-in-time recall disclosure certificates, and (e) maintains a timestamped record of checks performed on your inventory.

Swept is a monitoring and recordkeeping tool. It is not legal advice, not a compliance guarantee, and not a substitute for your own legal obligations.

2. Eligibility and Accounts

• The Service is offered for business use only. You must be at least 18 years old and authorized to bind the dealership you register.
• You are responsible for the accuracy of information you provide, for safeguarding your credentials, and for all activity under your account. Notify us promptly of any unauthorized use.
• You may sign in with email and password or through a third-party identity provider (Google or Microsoft). Your use of those providers is governed by their own terms.

3. Recall Data: Sources, Timing, and Limits

• Source of data. Recall campaign data comes from NHTSA's publicly available databases. NHTSA publishes new recall campaigns on its own schedule; new campaigns commonly appear in the data one to three business days after a manufacturer files them, and timing is outside our control.
• Campaign-level vs. VIN-level. A campaign-level match means a recall campaign exists for a vehicle's make, model, and model year. It does not establish that a specific VIN is affected or that an affected VIN's remedy is incomplete. VIN-level verification, where shown, relies on third-party data providers and manufacturer reporting, which may lag, contain errors, or be unavailable for some vehicles.
• Status meanings. "Clear" means no recall campaigns were found for the vehicle's make, model, and year at the time of the check, or a VIN-level check returned no open recalls. "Needs review" means a campaign exists for the make, model, and year and VIN-level verification is pending or unavailable. "Open recall" means a VIN-level source reported an open, unremedied recall for that specific VIN at the time of the check.
• Certificates are point-in-time. A disclosure certificate reflects data retrieved at the timestamp printed on it. A recall may be issued, expanded, or updated after that moment. A certificate is a record of a check, not a warranty of the vehicle's condition or future recall status.
• No guarantee of completeness. We do not warrant that recall data is complete, current, or error-free, and we are not responsible for errors, omissions, or delays in NHTSA or third-party data.

4. Your Legal Responsibilities

You remain solely responsible for compliance with all laws applicable to your business, including without limitation the federal prohibition on dealers selling new vehicles subject to open recalls, the FTC Used Car Rule, state and local used-vehicle disclosure and safety laws, and any obligations regarding "Do Not Drive" or "Park Outside" advisories. Whether, when, and how to disclose, repair, ground, or sell any vehicle is your decision, made at your own risk. Swept provides information and records to support that decision; it does not make it for you.

5. Acceptable Use

• Do not use the Service to violate any law or third-party right.
• Do not resell, sublicense, scrape, bulk-export, or redistribute the Service or its data outputs as a competing product or data feed.
• Do not probe, disrupt, reverse engineer, or circumvent security or rate limits.
• Do not submit VINs or data you have no lawful right to process.
• Do not alter, forge, or misrepresent a certificate, including presenting a certificate for one vehicle in connection with another.

6. Certificates and Public Verification

Each certificate you generate is assigned a unique identifier and a public verification page so that buyers, attorneys, and auditors can confirm its authenticity. By generating a certificate you direct us to make that certificate page publicly accessible to anyone with its link, including the vehicle description, VIN, dealership name, check results, and timestamp. Certificates and the underlying audit records are designed to be immutable; we do not edit certificate contents after issuance.

7. Your Data; Our License

As between you and Swept, you own the inventory data you submit. You grant us a non-exclusive, worldwide license to host, process, transmit, and display that data solely to provide, secure, and improve the Service, and to generate the records and certificates you request. We may use aggregated, de-identified usage data that does not identify you or any individual for analytics and service improvement.

8. Fees

Some or all of the Service may currently be provided free of charge. We will give reasonable advance notice before introducing or changing fees, and continued use after a price takes effect constitutes acceptance. Taxes are your responsibility. Where paid plans apply, fees are non-refundable except where required by law or expressly stated otherwise.

9. Term, Suspension, and Termination

You may stop using the Service and request account deletion at any time. We may suspend or terminate access for breach of these Terms, suspected abuse, non-payment of applicable fees, or risk to the Service or other users, with notice where practicable. Upon termination, your right to use the Service ends. Sections 3, 4, 6, 7, 10, 11, 12, and 13 survive termination. Audit records and issued certificates may be retained as described in the Privacy Policy.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available." To the maximum extent permitted by law, Swept disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. No advice or information obtained from the Service creates any warranty not expressly stated in these Terms. Swept does not warrant the accuracy, completeness, or timeliness of NHTSA or third-party data.

11. Limitation of Liability

To the maximum extent permitted by law, Swept will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, vehicle repair or buy-back costs, regulatory fines, or claims by vehicle purchasers, arising out of or related to the Service, even if advised of the possibility. Swept's total aggregate liability for all claims arising out of or relating to the Service will not exceed the greater of (a) the amounts you paid to Swept for the Service in the twelve months preceding the claim or (b) one hundred US dollars ($100). Some jurisdictions do not allow certain limitations; in those jurisdictions liability is limited to the smallest amount permitted by law.

12. Indemnification

You will defend, indemnify, and hold harmless Swept and its operators from claims, damages, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) vehicles you advertise, sell, lease, or deliver, (c) your violation of law or these Terms, or (d) disputes between you and any vehicle purchaser or third party.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute informally by contacting [email protected]. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to personal jurisdiction and venue there. Each party waives any right to a jury trial to the extent permitted by law.

14. Changes to the Service or Terms

We may modify the Service and these Terms. For material changes we will provide notice through the Service or by email, and the updated Terms will state a new effective date. Continued use after the effective date constitutes acceptance.

15. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Swept regarding the Service. If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us: [email protected].