Terms Of Use

FLIP A WHIP LLC TERMS OF USE

Effective Date: September 13, 2026
Last Updated: October 13, 2026

These Terms of Use (“Terms”) govern access to and use of the Flip A Whip mobile application, website, software, and related services (collectively, the “Services”) provided by Flip A Whip LLC (“Flip A Whip,” “we,” “us,” or “our”).

By creating an account, purchasing a subscription, accessing, or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.

1. The Flip A Whip Service

Flip A Whip provides technology intended primarily for automobile dealerships, automobile sales professionals, and other authorized automotive businesses and personnel (“Business Users”).

The Services may allow Business Users to:

Create and manage customer leads;
Send customers links to secure forms;
Request and receive credit-application information;
Request and receive vehicle trade-appraisal information;
Receive vehicle photographs and related information;
Communicate with prospective and existing customers;
Maintain customer and lead information;
Calculate or display estimated vehicle payments;
Facilitate dealership follow-up activities;
Upload, send, and electronically sign documents using available E-Sign functionality; and
Access other functionality made available by Flip A Whip.

Flip A Whip may add, modify, suspend, or discontinue features of the Services from time to time.

2. Business User Eligibility and Authority

By creating or using a Business User account, you represent that:

You are at least 18 years old;
You have authority to enter into these Terms;
Information provided when establishing your account is accurate;
You are authorized to act on behalf of the dealership or business you identify, where applicable; and
You will use the Services only for legitimate and lawful business purposes.

You may not impersonate another person, dealership, or organization.

3. Business User Responsibility for Customer Information

Business Users are responsible for protecting customer information obtained through Flip A Whip.

Customer information may include personal information, financial information, credit-application information, employment information, income information, residential information, vehicle information, photographs, and other sensitive information.

Each Business User agrees to:

Access customer information only when there is a legitimate business purpose;
Restrict access to authorized personnel;
Protect account credentials and devices;
Maintain reasonable administrative, physical, and technical security measures;
Prevent unauthorized access, disclosure, copying, distribution, or use;
Secure any customer information downloaded, printed, copied, exported, or transferred from Flip A Whip;
Use customer information only for lawful purposes related to the customer's inquiry or transaction;
Properly dispose of customer information when appropriate;
Comply with applicable privacy, data-security, consumer-protection, credit, financing, and communications laws; and
Promptly respond to suspected unauthorized access involving information under the Business User's control.

Business Users may not sell, publicly expose, improperly disclose, or otherwise misuse customer personal or sensitive information obtained through Flip A Whip.

4. Responsibility After Information Is Received or Exported

For E-Sign documents and related signing records, the additional requirements in Section 13 apply. An in-app inbox is part of the Services and is not, by itself, storage under the Business User’s independent control.

Once information has been lawfully delivered to, accessed by, downloaded by, exported by, printed by, transmitted to, or otherwise placed under the independent control of a Business User, dealership, lender, financing source, or other authorized third party, that party is responsible for its subsequent handling, storage, security, use, disclosure, and retention.

To the maximum extent permitted by law, Flip A Whip LLC is not responsible for the independent acts or omissions of Business Users, dealerships, lenders, financing sources, or other third parties after information has been lawfully transferred to or placed under their independent control.

Nothing in these Terms eliminates responsibility that applicable law requires Flip A Whip LLC to retain for information under Flip A Whip's control.

5. Credit Applications

Flip A Whip provides technology that may facilitate the collection and transmission of information used in connection with automobile financing.

Flip A Whip LLC is not a bank, lender, credit union, finance company, credit bureau, or consumer reporting agency and does not itself make credit or financing decisions unless expressly stated otherwise.

Use of Flip A Whip does not guarantee:

Credit approval;
Financing approval;
A particular interest rate;
A particular monthly payment;
A particular loan term;
Vehicle availability; or
Any other financing terms.

Financing decisions are independently made by dealerships, banks, credit unions, finance companies, or other financing sources.

6. Credit Reports and Consumer Reports

Unless Flip A Whip expressly provides a specific authorized feature for doing so, Business Users may not use Flip A Whip itself to obtain a consumer credit report.

Business Users and dealerships are independently responsible for obtaining any legally required authorization before requesting, accessing, using, or sharing a consumer report or credit report.

Nothing provided through Flip A Whip should be interpreted as authorization to obtain a consumer report unless the applicable authorization expressly provides otherwise.

7. Customer Consent and Authorization

Business Users are responsible for obtaining any consent, authorization, disclosure, or acknowledgment required by law for their particular use of customer information.

Business Users may not:

Submit false customer information;
Complete a credit application in another person's name without authorization;
Submit another person's sensitive information without authority;
Falsify a customer's consent;
Misrepresent the purpose for collecting customer information; or
Use information obtained through Flip A Whip for an unauthorized purpose.

8. Text Messages, Calls, and Email

Flip A Whip may provide functionality that facilitates communication with customers.

Business Users are independently responsible for ensuring their communications comply with applicable laws and regulations governing:

Telephone calls;
Text messages;
Automated communications;
Email;
Marketing;
Consent;
Do-not-call requirements; and
Opt-out requests.

Business Users may not use Flip A Whip to send unlawful, deceptive, harassing, abusive, or unauthorized communications.

9. Trade Appraisals

Trade-appraisal functionality is intended to facilitate the collection and exchange of vehicle information.

Any estimated or proposed vehicle value is subject to inspection, verification, market conditions, vehicle history, title status, mileage, condition, equipment, dealership policies, and other factors.

Nothing displayed or transmitted through Flip A Whip constitutes a guaranteed purchase offer unless expressly stated by the applicable dealership or purchaser.

Flip A Whip LLC does not guarantee the accuracy of vehicle values provided by dealerships, third-party data providers, Business Users, or customers.

10. Payment Calculators and Estimates

Any payment, financing, interest, trade, tax, fee, or other financial calculation displayed through Flip A Whip is provided for informational or estimation purposes unless expressly stated otherwise.

Actual payments and financing terms may differ.

Estimated payments do not constitute an offer of credit, financing agreement, or guarantee of financing.

Business Users are responsible for verifying figures before presenting them as final transaction terms.

11. Account Security

Business Users are responsible for:

Maintaining the confidentiality of their login credentials;
Using reasonable password security;
Preventing unauthorized account access;
Securing devices used to access Flip A Whip; and
Promptly notifying Flip A Whip of suspected unauthorized account access.

You are responsible for activity conducted through your account to the extent permitted by applicable law.

Accounts may not be shared with unauthorized persons.

12. Prohibited Uses

You may not use Flip A Whip to:

Violate any law or regulation;
Commit fraud or identity theft;
Obtain information through deception;
Discriminate unlawfully;
Harass or threaten another person;
Send unlawful communications;
Access information without authorization;
Sell customer information;
Publish or publicly disclose sensitive customer information;
Upload malicious software or code;
Interfere with the security or operation of the Services;
Attempt to bypass access controls;
Reverse engineer the Services except where such restriction is prohibited by law;
Scrape or systematically extract data without authorization;
Create accounts using false identities;
Allow unauthorized persons to access customer information; or
Use the Services in a manner that could harm Flip A Whip, customers, dealerships, or third parties.

Flip A Whip may suspend or terminate accounts for suspected violations.

13. E-Sign Services and Document Responsibilities

13.1 Technology Provider Role

E-Sign functionality provides tools to upload or capture documents, designate signature fields, request electronic signatures, and make completed documents and available signing records accessible through the Services or designated delivery channels.

Flip A Whip is a technology provider, not a party to the agreement between a Business User and a signer merely because the Services facilitate signing. Flip A Whip does not provide legal advice, notarization, independent identity certification, or a guarantee that a document is valid or enforceable. Enforceability depends on the document, consent, authority, evidence, and applicable law. A signature image alone does not establish these requirements.

13.2 Business User Responsibilities Before Sending

Business Users are responsible for:

Having authority to upload, use, disclose, and send the document;
Reviewing the entire document for accuracy, completeness, legibility, and suitability;
Confirming the intended recipients, their contact information, and any authority to sign for another person or business;
Placing signature and other required fields correctly and including all required pages and attachments;
Ensuring electronic execution is permitted for the document and transaction;
Providing required notices, disclosures, authorizations, and opportunities to review the document; and
Using appropriate signer verification for the transaction and not representing that email or text delivery alone proves identity.

Business Users may not falsify signatures, consent, identity, authority, or signing records; sign for another person without lawful authority; or change a completed document while representing it as the original signed version. Corrections that require renewed agreement must be sent through a new signing process.

13.3 Signer Consent and Electronic Delivery

A Business User’s acceptance of these Terms does not constitute consent by a customer or other signer. Each signer must separately agree to electronic signing and demonstrate intent to sign the particular document through the signing process.

Where applicable law requires consumer information to be provided in writing and it is delivered electronically, the Business User is responsible for ensuring the required electronic-record consent is obtained before delivery. This includes, where required, disclosure of the scope of consent, paper-copy options and fees, withdrawal procedures and consequences, contact-information updates, hardware and software requirements, and a method that reasonably demonstrates the consumer can access the electronic records. An electronic-signature checkbox alone may not satisfy these requirements.

Business Users must ensure signers can review the document before signing and obtain an accurate, retainable copy of the completed document. They must honor applicable paper-delivery, consent-withdrawal, and accessibility requirements. Withdrawal does not automatically invalidate previously signed documents; its effect is determined by applicable law and the disclosed terms.

Any separate signer consent disclosure supplements these Terms. These Terms do not replace the disclosure or require signers to accept Business User subscription or indemnification obligations merely to sign a document.

13.4 Completed Documents and Signing Evidence

Business Users must verify that signing is complete and that the final document and available signing evidence have been successfully received. They must retain the completed document together with available completion certificates, consent records, timestamps, verification information, and other audit records needed for their transaction. They must not rely solely on a screenshot of a signature or an inbox notification as proof of completion or delivery.

Business Users must ensure the signer receives, or can access and retain, the completed document, and arrange an alternative lawful delivery method if electronic delivery fails. Flip A Whip does not guarantee that a particular audit record or verification method will be available for every transaction; users must confirm that the feature meets their requirements before use.

13.5 Inbox Security and Independent Record Retention

The Business User is responsible for promptly downloading or exporting completed documents and available signing evidence, and storing those copies securely for the period required by applicable law, business policy, and the transaction. Business Users must verify their copies are complete, legible, accessible, and reproducible, maintain appropriate backups, restrict access, and protect devices, email accounts, inboxes, and other destinations they control.

The in-app inbox and email delivery are convenience features, not a promise of permanent archiving, statutory retention, or guaranteed recovery. Business Users must preserve records needed after subscription expiration, account closure, or loss of access. A Business User’s retention obligations may continue after termination of the Services.

Flip A Whip retains the responsibilities applicable law imposes on it for information it controls. Assigning responsibility for exported copies does not relieve Flip A Whip of those obligations.

13.6 Service Storage and Deletion

Any applicable service storage period, document expiration, or deletion schedule will be disclosed in the E-Sign interface, an applicable retention notice, or the Privacy Policy. Business Users must review that information and export records before the disclosed deadline. These Terms do not establish a specific number of storage days or guarantee indefinite access.

Deletion and retention may differ for source documents, completed documents, audit records, backups, and records subject to legal preservation requirements. Actual processing is governed by applicable law and the Privacy Policy. Downloading a document does not itself cause deletion from the Services. Flip A Whip may preserve records when legally required or reasonably necessary to address disputes, fraud, or security incidents, consistent with applicable law.

13.7 Restricted and Regulated Documents

Business Users may not use E-Sign for documents requiring a signing, witnessing, notarization, identity-verification, delivery, or retention process that the Services do not support. Documents excluded from electronic-signature laws or requiring specialized procedures must use a legally appropriate alternative.

General E-Sign functionality is not represented as a compliant loan-origination, retail-installment-contract, title-transfer, or credit-report-authorization system. Business Users must not use it for regulated financing, credit, title, or similar documents unless the particular use is expressly supported by Flip A Whip and the Business User has confirmed all applicable requirements are met. This restriction does not remove separately authorized credit-application or credit-authorization features described elsewhere in these Terms.

13.8 Responsibility for User Conduct

To the maximum extent permitted by law, Flip A Whip is not responsible for a Business User’s document content, lack of authority, incorrect recipient information, unlawful use, inadequate verification, failure to obtain required consent, or failure to retain and secure copies under that user’s independent control. Sections 21 through 23 apply to E-Sign use, subject to their limitations and applicable law. Nothing in this section excludes liability that cannot lawfully be excluded or excuses Flip A Whip’s own legally required obligations.

14. Subscriptions and Billing

Certain Flip A Whip functionality requires a paid subscription.

Current subscription pricing will be displayed before purchase.

Subscriptions purchased through the Apple App Store or Google Play are processed and managed through the applicable platform and may be subject to that platform's billing and subscription terms.

Unless otherwise stated, subscriptions automatically renew until canceled.

Cancellation prevents future renewal but generally does not provide a refund for an already-paid subscription period except where required by law or provided by the applicable app marketplace.

Subscription prices may change. Where required, appropriate advance notice will be provided.

15. Free Trials and Promotional Offers

Flip A Whip may offer free trials, introductory pricing, promotional subscriptions, or other offers.

Eligibility and duration may vary.

Unless canceled before the end of an applicable free trial, a subscription may automatically convert to a paid subscription at the disclosed price, subject to the applicable marketplace terms and authorization.

Flip A Whip may modify or discontinue promotional offers where permitted by law.

16. Third-Party Services

Flip A Whip may integrate with or rely upon third-party services, platforms, vendors, data providers, communications providers, cloud services, payment processors, subscription services, or other technologies.

Flip A Whip does not control independent third-party services.

Use of third-party services may be subject to separate terms and privacy policies.

To the maximum extent permitted by law, Flip A Whip is not responsible for the availability, accuracy, security, or independent acts or omissions of third-party services.

17. Availability of the Services

We strive to provide reliable Services, but we do not guarantee uninterrupted or error-free operation.

Services may occasionally be unavailable due to:

Maintenance;
Software updates;
Internet or network failures;
Third-party service outages;
Security incidents;
Equipment failures;
Events outside our reasonable control; or
Other technical circumstances.

Flip A Whip LLC is not responsible for losses resulting solely from temporary service interruptions to the extent permitted by law.

18. Intellectual Property

Flip A Whip and its software, design, branding, logos, interfaces, graphics, content, and other proprietary materials are owned by or licensed to Flip A Whip LLC and are protected by applicable intellectual-property laws.

These Terms grant Business Users a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended business purpose while their account remains authorized.

No ownership interest in Flip A Whip's intellectual property is transferred to users.

19. Feedback

If you provide ideas, suggestions, recommendations, or other feedback concerning Flip A Whip, you grant Flip A Whip LLC permission to use that feedback to improve, develop, market, or operate the Services without compensation or obligation to you, to the extent permitted by law.

20. Suspension and Termination

Flip A Whip LLC may suspend or terminate access when reasonably necessary because of:

Violation of these Terms;
Suspected fraud;
Security concerns;
Unauthorized access;
Misuse of customer information;
Nonpayment;
Unlawful activity;
Risk to customers or other users; or
Conduct that threatens the Services or Flip A Whip LLC.

Upon termination, the right to access the Services may immediately cease.

Certain provisions of these Terms that by their nature should survive termination will remain effective.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

Flip A Whip LLC does not warrant that the Services will always be uninterrupted, error-free, completely secure, or suitable for every particular business purpose.

Flip A Whip does not guarantee the accuracy of information submitted by customers, Business Users, dealerships, lenders, or other third parties.

Nothing in this section limits warranties or rights that cannot lawfully be excluded.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIP A WHIP LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO USE OF THE SERVICES.

This includes, where permitted by law, losses resulting from:

Lost profits;
Lost business opportunities;
Loss of data caused by a Business User or third party;
Unauthorized use resulting from a Business User's failure to secure credentials or devices;
Independent actions of dealerships or financing sources;
Customer-provided inaccurate information; or
Third-party services.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.

23. Business User Indemnification

To the maximum extent permitted by applicable law, a Business User agrees to defend, indemnify, and hold harmless Flip A Whip LLC and its owners, officers, employees, contractors, and affiliates from claims, damages, liabilities, losses, costs, and reasonable legal expenses arising from or relating to:

The Business User's unlawful use of the Services;
The Business User's violation of these Terms;
Unauthorized use or disclosure of customer information by the Business User;
The Business User's failure to obtain legally required consent or authorization;
Unlawful communications initiated by the Business User;
E-Sign document content, fraudulent signatures, incorrect recipients, or failures of consent, authority, verification, delivery, or retention attributable to the Business User;
Fraudulent or unauthorized credit activity by the Business User;
Violation of applicable law by the Business User; or
Claims arising from information after it has been lawfully transferred to and placed under the Business User's independent control.

This provision applies only to the extent permitted by applicable law and does not require indemnification for claims to the extent caused by Flip A Whip’s own negligence, willful misconduct, or violation of law.

24. Privacy

Use of the Services is also governed by the Flip A Whip LLC Privacy Policy.

The Privacy Policy explains how Flip A Whip collects, uses, discloses, protects, and retains personal information.

25. Changes to These Terms

Flip A Whip LLC may update these Terms periodically.

When material changes are made, we will provide notice through the Services, by email, or through another reasonable method.

The notice will identify the effective date of the changes. Continued use after that date constitutes acceptance only to the extent permitted by law; affirmative acceptance will be obtained where required. Updating these Terms does not substitute for obtaining a signer’s separate electronic-signature or electronic-record consent.

26. Governing Law

These Terms will be governed by the laws of the State of Indiana, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any legal proceeding concerning these Terms or the Services will be brought in an appropriate court located in Indiana, unless applicable law provides otherwise.

27. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

28. Entire Agreement

These Terms, together with the Flip A Whip Privacy Policy and any additional terms presented in connection with specific Services, constitute the agreement between the user and Flip A Whip LLC concerning use of the Services.

29. Contact Information

Questions regarding these Terms may be directed to:

Flip A Whip LLC
Website: flipawhip.com
Email: admin@flipawhip.com