Pagoda Labs Dealer Management System
Last updated: July 28, 2026
These Terms and Conditions (“Terms”) govern access to and use of the Pagoda Labs Dealer Management System (“Pagoda DMS” or the “Service”), provided by Pagoda Labs (“Pagoda Labs,” “we,” “us,” or “our”). By accessing or using the Service, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you’re accepting these Terms on behalf of a dealership or organization, you confirm you have the authority to do so, and “you” refers to that organization.
If you do not agree to these Terms, do not access or use the Service.
Pagoda DMS is a dealer management system that helps automotive dealerships manage sales, service, inventory, logistics, customer records, and related business operations. Specific features and functionality may be added, changed, or discontinued over time, and we will provide reasonable notice of any material changes that affect your use of the Service.
You must provide accurate and complete information when setting up your account.
You’re responsible for maintaining the confidentiality of login credentials for all users within your organization.
You’re responsible for all activity that occurs under your account, including actions taken by staff you’ve granted access to.
You agree to notify us promptly of any unauthorized use of your account or any other security breach you become aware of.
One-time fee: Access to the Service is provided upon payment of a one-time license fee, as set out in your service agreement. This fee covers setup and configuration for your organisation.
Annual Maintenance fee: Continued access to the Service, including ongoing support, updates, and maintenance, requires payment of a yearly fee, referred to as the “Annual Maintenance” fee. This fee is due on each annual renewal date as specified in your service agreement.
Non-payment of Annual Maintenance: If the Annual Maintenance fee is not paid by the applicable renewal date, we may suspend your access to the Service, including support and updates, until the outstanding amount is paid. Continued non-payment beyond a reasonable cure period specified in your service agreement may result in termination of your access to the Service.
Fees are due according to the schedule specified in your agreement. Late payments may result in suspension of access to the Service until outstanding amounts are resolved.
Unless otherwise agreed in writing, the one-time license fee and any paid Annual Maintenance fees are non-refundable, including in cases of partial use during a maintenance period.
We reserve the right to change the Annual Maintenance fee for future renewal periods, with reasonable advance notice provided before any change takes effect. The one-time license fee, once paid, is not subject to future increase.
You own your data: All vehicle inventory records, customer information, sales and service history, and other business data you input into the Service (“Customer Data”) remain your property.
We act as a processor of your data, using it only to provide the Service to you and in accordance with our Privacy Policy, not for any independent purpose.
You’re responsible for the accuracy and legality of Customer Data you input into the Service, including ensuring you have the appropriate rights and consents to process any personal information relating to your own customers.
Data export and deletion: Upon termination of your subscription, you may request export of your Customer Data within a reasonable period, as described in Section 9. After that period, we may delete your data in accordance with our data retention practices.
You agree not to:
• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks connected to the Service.
• Interfere with or disrupt the integrity or performance of the Service, including through introducing malware or attempting to overload our systems.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where applicable law expressly permits it.
• Use the Service to store or transmit any content that is unlawful, infringing, or violates the rights of any third party.
• Resell, sublicense, or provide access to the Service to any third party without our prior written consent.
We reserve the right to suspend or terminate access to the Service for any account found to be in violation of these terms.
The Service, including its underlying software, design, features, and documentation, is owned by Pagoda Labs and protected by applicable intellectual property laws.
These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business operations during the term of your subscription. No other rights are granted.
Any feedback, suggestions, or feature requests you provide regarding the Service may be used by us without restriction or obligation to you.
We aim to maintain reliable access to the Service, but we do not guarantee uninterrupted or error-free operation.
Scheduled maintenance, updates, and occasional unplanned downtime may affect availability. Where possible, we will provide advance notice of planned maintenance windows.
Specific uptime commitments, if any, will be set out separately in your service agreement or a service level addendum.
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet all of your requirements or that it will be free of errors or interruptions.
These Terms remain in effect for as long as you hold a valid license to the Service and maintain current Annual Maintenance payments.
Either party may terminate the service agreement in accordance with the notice period and terms specified in your order form or service agreement.
We may suspend or terminate your access immediately if you materially breach these Terms, including non-payment of the Annual Maintenance fee, and fail to correct the breach within a reasonable period after notice.
Upon termination, your right to access the Service ends. You may request export of your Customer Data within 30 days of termination, after which we may proceed with deletion in line with our data retention practices.
To the fullest extent permitted by applicable law:
• Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages arising from use of the Service.
• Our total liability arising out of or related to these Terms or the Service will not exceed the total fees paid by you to us in the twelve months preceding the event giving rise to the claim.
• Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence or willful misconduct.
You agree to indemnify and hold Pagoda Labs harmless from any claims, damages, or expenses arising from your breach of these Terms, your misuse of the Service, or your violation of any applicable law, including in connection with Customer Data you input into the Service.
Both parties agree to protect any confidential information shared in connection with the Service, using at least the same degree of care used to protect their own confidential information, and not to disclose it to third parties except as necessary to perform obligations under these Terms or as required by law.
We may update these Terms from time to time to reflect changes in the Service, legal requirements, or our business practices. We will provide reasonable notice of material changes. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the Government of Nepal, without regard to conflict of law principles. Any disputes arising from these Terms will be resolved through a settlement, in the courts, or in an arbitration forum specified in your service agreement.
