Terms of Service

This document represents the full contents of our Terms and Conditions, including integrated Privacy disclosures and all contact variations as documented in our records.

Part 2: Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Hot Tomatoes customer mobile application, the Hot Tomatoes website and web application, and related services (the “App”, “Web”, and “Services”). By using the Services, you agree to these Terms.

1. The Services

The Services may include: Scheduling and managing service appointments; Messaging with service advisors, customer representatives, or dealership staff; Receiving transactional notifications and updates related to appointments and service activity; and Optional marketing communications if you opt in. The Services are for informational and convenience purposes and are not a condition of purchasing any vehicle or service.

Services include text message informational updates and questions from AI and human agents, routed via Twilio's SMS messaging services. The purpose of these messages is specifically for customer care, providing account updates, and scheduling viewings or appointments for services provided by Hot Tomatoes and our realtor clients. By agreeing to these Terms of Service, you confirm your opt-in to receive these text messages. However, SMS consent is not a requirement to use our services; all services are optionally available via email. Users can request to receive email notifications in addition to, or in place of, SMS notifications by emailing support@hottomatoes.ai. Users can opt out of SMS messages at any time by simply replying STOP.

2. Eligibility

You must be at least 18 years old to use the Services. If you are under 18, you represent you have permission from a parent or legal guardian.

3. Account Registration and Security

You may be required to verify your phone number using a one-time passcode (“OTP”). The App and Web use platform- and browser-approved verification methods (such as SMS Retriever API, SMS User Consent API, or browser-based flows) to receive OTP codes. The App and Web do not read, access, or store your text messages beyond the OTP verification process.

You agree to: Provide accurate information; Maintain the security of your device, browser, and account access; and Notify us promptly of any unauthorized use.

4. Messaging Terms (SMS/MMS)

A. Program Description

If you opt in, you may receive text messages from Hot Tomatoes, which may include: Transactional messages (e.g., OTP, appointment confirmations, reminders, service status updates) where message frequency varies; and Marketing messages (e.g., offers, promotions) up to 10 messages/month. Mobile and Web information will not be shared with third parties/affiliates for marketing/promotional purposes.

B. Consent and Opting In

Your consent to receive marketing texts is optional and not a condition of purchase. At the point of opt-in, you will be informed of: The types of messages you will receive; Message frequency; That message and data rates may apply; How to opt out (reply STOP); How to get help (reply HELP); and Links to our Terms of Service and Privacy Policy.

C. Opting Out

Reply STOP to opt out of text messages. You may also reply QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, or OPT OUT. You may receive a single confirmation message within 5 minutes. We will honor SMS opt-out requests immediately and confirm opt-out within 48 hours. You may also opt out by emailing hottomatoesai@gmail.com or by using the in-app/Web messaging preferences.

D. Help

Reply HELP for help or email hottomatoesai@gmail.com

E. Costs and Carriers

Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

F. Marketing Message Hours

Marketing text messages are sent only between 8:00 AM and 9:00 PM in your local time zone.

G. Changes

We may change short codes, long codes, or provider settings and will notify you as required.

5. User Content and Communications

“User Content” includes messages and content you submit. You retain ownership but grant Hot Tomatoes a non-exclusive license to host/store/reproduce it solely to provide/improve the Services. You agree not to send content that is unlawful, threatening, or objectionable.

6. Acceptable Use

You agree not to: interfere with non-public systems; reverse engineer the Services; use the Services for unlawful purposes; or send spam/automated messages.

7. Account Deletion

You may delete your account via the App/Web or by emailing hottomatoesai@gmail.com. We will delete/de-identify info within 30 days, except where required for legal/tax/warranty reasons.

8. Third-Party Services

The Services rely on third-party vendors (hosting, analytics, messaging). Our contracts require them to protect your info with safeguards at least equivalent to our Privacy Policy.

9. Privacy

Our Privacy Policy explains how we collect, use, and share information. View Privacy Policy.

10. AI and Automated Decisions

Some features rely on AI for recommendations/routing/summarizing. AI outputs are informational. You may request human review by contacting privacy@hottomatoes.com or using the in-app option.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOT TOMATOES, LLC DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Part 1: Integrated Privacy Policy

As documented in the Terms & Conditions source file, this section outlines our privacy practices in integration with the Services.

We collect information you provide (identifiers, verification info, communications), information collected automatically (device data, identifiers, diagnostics), and info from service providers.

App and Web Permissions: We may request access to Camera, Push Notifications, and Location (approximate). Permissions can be managed in your device/browser settings.

Disclosures: We disclose info to service providers (processors), for legal/safety reasons, and in connection with business transfers. Mobile/Web info is not shared for third-party marketing.

Data Retention: Account info (3 years post-deletion), Appointment records (7 years), Messaging (3 years), SMS records (5 years), Activity logs (12 months).

California Rights (CCPA/CPRA): CA residents have rights to access, deletion, correction, and opting out of sale/sharing (which we do not do for monetary consideration). Contact: hottomatoesai@gmail.com.

Contact Points in Source: Questions: hottomatoesai@gmail.com; Phone: +1 (858) 206-8700; Mail: 13883 S. Old Saddle Rd, Draper UT 84020.