Service Advisor Battle Royale · Legal

Terms & Conditions

Last updated October 21, 2026

These Terms & Conditions (the “Terms”) govern access to and use of Service Advisor Battle Royale (SABR), including the web application, our public website and any related services (together, the “Service”), provided by Elevated Dealer Software LLC (“Company”, “we”, “us”). By accessing or using the Service you agree to these Terms. If you are accepting on behalf of a business, you confirm that you have authority to bind that business, and “you” means that business.

1. Who these Terms apply to

  • Customers. A dealership, dealer group or other business that subscribes to the Service (“Customer”). If Customer has signed a Master Subscription Agreement or Order Form with us, that signed agreement controls wherever it conflicts with these Terms.
  • Users. Individuals a Customer invites to use the Service, such as service advisors, managers, owners and administrators (“Users”). Users also agree to our User Agreement.
  • Visitors. Anyone browsing our public website. Sections 8, 10, 13 through 16 and 18 apply to visitors.

2. The Service

SABR is a sales-incentive and gamification platform for automotive service departments. It lets a Customer set up competitions, record sales of service items, run leaderboards, teams, drafts and games, track spiffs, pots and bonuses, and produce reports. We may improve, change or remove features over time. We will not materially reduce the core functionality of a paid subscription during its current term without notice.

3. Accounts and access

  1. Customer decides who receives accounts and what role each User has, and is responsible for all activity under its accounts.
  2. Customer will keep its account list current and deactivate Users who leave or should no longer have access.
  3. Customer will notify us promptly at info@elevateddealer.com if it suspects unauthorized access to the Service.
  4. Accounts are for individual people. Sharing a login between multiple people is not permitted.

4. Incentive programs and payouts

SABR is a tracking and reporting tool. We never pay, hold or transfer money to anyone. Customer alone:

  • decides whether to run an incentive program and sets every spiff, pot, bonus, penalty and payout rule;
  • funds and pays all amounts owed to its employees, through its own payroll or other payment methods;
  • is responsible for compliance with wage-and-hour, commission, payroll tax, withholding, anti-discrimination and other employment laws, and with any manufacturer, franchise or third-party incentive rules that apply to it;
  • is responsible for the accuracy of the data its Users enter, including repair order numbers and the price, labor and parts values set on each item.

Pay reports, payout totals, revenue estimates and other figures in the Service are calculated from data Customer enters and rules Customer configures. They are provided for Customer's review and are not payroll records, accounting advice, tax advice or legal advice. Customer must review and verify them before paying anyone. We are not liable for amounts paid or not paid in reliance on the Service.

5. Fees and payment

Fees, billing frequency, subscription term and any trial or guarantee period are set out in Customer's Order Form. Unless the Order Form says otherwise: fees are in U.S. dollars, invoices are due within 30 days, fees are exclusive of taxes (which Customer pays, other than taxes on our income), and amounts more than 15 days overdue may result in suspension after written notice. Except as stated in the Order Form, fees already paid are not refundable.

6. Customer Data

“Customer Data” means information that Customer or its Users submit to the Service, including User names and emails, sales submissions, repair order numbers, chat messages and configuration. As between the parties, Customer owns Customer Data. Customer grants us a limited license to host, copy, process and display Customer Data only as needed to provide, secure and support the Service and as described in our Company Data Policy. We may use aggregated, de-identified data that cannot reasonably be linked to Customer or any individual to operate and improve the Service and to describe its results in general terms. We will never name Customer or its stores publicly without Customer's written permission.

Customer is responsible for having the rights and notices needed to provide Customer Data to us, including informing its employees that the Service records their sales activity. Customer will not submit consumer information such as vehicle owner names, contact details, VINs or payment details. The Service is designed to need only repair order numbers.

7. Acceptable use

Customer and its Users will not:

  • use the Service in violation of any law or anyone else's rights;
  • submit false, duplicate or fabricated sales, or otherwise manipulate results;
  • upload malware or try to probe, scan, overload or break the security of the Service;
  • access data belonging to another customer, store or User without authorization;
  • copy, resell, sublicense, frame or reverse engineer the Service, or use it to build a competing product;
  • use automated tools to access the Service except through features we provide;
  • post harassing, threatening, discriminatory or unlawful content in chat or any other field.

We may suspend access that we reasonably believe violates this section or threatens the security of the Service. Where practical, we will give notice first and restore access once the issue is resolved.

8. Intellectual property

We own the Service and all related software, designs, game mechanics, text, graphics, trademarks and know-how. These Terms give Customer a non-exclusive, non-transferable right to use the Service during its subscription; no other rights are granted. If you send us suggestions or feedback, we may use them without obligation to you.

9. Confidentiality

Each party will protect the other's non-public business, technical and financial information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to employees and contractors who need it and are bound by similar obligations, or as required by law (with notice where legally allowed). This does not cover information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from someone else.

10. Third-party services

The Service relies on third-party providers for hosting, database, authentication and email, and offers sign-in through Google and Microsoft. Their services are governed by their own terms. Our website may link to third-party sites we do not control. We are not responsible for third-party services beyond our obligations in the Company Data Policy.

11. Pilots, trials and beta features

Features marked as beta, pilot or preview, and any free or trial access, are provided as-is for evaluation, may change or end at any time and may have no support. Our liability for them is limited to $100.

12. Term and termination

  1. A subscription runs for the term stated in the Order Form and renews as stated there.
  2. Either party may terminate for the other's material breach that is not cured within 30 days of written notice.
  3. Any satisfaction guarantee or early-cancellation right described in Customer's Order Form applies as written there.
  4. On termination, Customer's access ends. Customer may request an export of its Customer Data within 30 days, after which we delete it as described in the Company Data Policy.
  5. Sections that by their nature should survive (including 4, 6, 8, 9 and 13 through 18) survive termination.

13. Disclaimers

Except as expressly stated in a signed agreement, the Service is provided “as is” and “as available.” We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that it will produce any particular sales, revenue or close-rate result. Results described on our website or in our materials come from specific deployments and are not a promise of future performance.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, wages or data, even if advised of their possibility. Each party's total liability arising out of or relating to the Service will not exceed the fees Customer paid us in the 12 months before the event giving rise to the claim. These limits do not apply to Customer's payment obligations, a party's indemnity obligations, or liability for gross negligence, willful misconduct or breach of section 9.

15. Indemnification

By us. We will defend Customer against any third-party claim that the Service, as we provide it, infringes that party's U.S. intellectual property rights, and pay resulting damages and costs finally awarded or agreed in settlement. If such a claim arises we may modify the Service, obtain a license, or end the subscription and refund prepaid fees for the unused term. This does not cover claims caused by Customer Data or by combining the Service with things we did not provide.

By Customer. Customer will defend us against any third-party claim arising from (a) Customer Data, (b) Customer's incentive programs, payouts or employment practices, including claims by Customer's employees about compensation, or (c) Customer's breach of section 7, and pay resulting damages and costs finally awarded or agreed in settlement.

The indemnified party must give prompt notice of the claim, let the indemnifying party control the defense and settlement (no settlement may impose obligations on the indemnified party without its consent), and provide reasonable cooperation.

16. Governing law and disputes

These Terms are governed by the laws of the State of Nebraska, without regard to conflict-of-law rules. The parties will first try in good faith to resolve any dispute by discussion between senior representatives for 30 days. After that, any action must be brought exclusively in the state or federal courts located in Sarpy County, Nebraska, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court to protect its intellectual property or confidential information.

17. Changes to these Terms

We may update these Terms. We will post the updated version here with a new date and, for material changes affecting paying Customers, give at least 30 days' notice by email or in the Service. Changes do not override a signed agreement during its current term.

18. General

These Terms, together with any signed Master Subscription Agreement and Order Form and the policies they reference, are the entire agreement on this subject. Neither party may assign them without the other's consent, except to a successor in a merger, acquisition or sale of substantially all relevant assets. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. The parties are independent contractors. Notices must be in writing and sent to the addresses in the Order Form or, for us, to info@elevateddealer.com.

19. Contact

Elevated Dealer Software LLC, 9613 S 173rd Ave, Omaha, Nebraska 68136 · info@elevateddealer.com