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Terms of Service

Effective Date: April 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the dmsjoy.com website and the DMSJoy Dealer Management System product (collectively, the "Service") provided by Xillentech Software Private Limited ("DMSJoy", "we", "us", or "our"). By accessing the website or using the Service, you ("User", "you", "your") agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

2. Description of Service

DMSJoy is a cloud-based Dealer Management System designed for vehicle Original Equipment Manufacturers (OEMs), distributors, dealer groups, and individual dealerships worldwide. The Service provides modules for customer relationship management, vehicle and parts inventory, service workshop management, warranty claims, multi-dealership network management, and analytics. Specific modules and features available to you depend on your subscription plan as set out in your Order Form.

3. Account Registration and Responsibilities

To use the Service, you must register for an account through an Order Form executed by an authorised representative of your organisation. You agree to:

  • provide accurate, current, and complete information during registration;
  • maintain the confidentiality of account credentials and not share them with unauthorised parties;
  • promptly notify us of any unauthorised access to your account;
  • be responsible for all activity under your account;
  • ensure that all individuals you authorise to access the Service comply with these Terms.

4. Acceptable Use

You agree not to:

  • use the Service in any unlawful manner or for any unlawful purpose;
  • attempt to gain unauthorised access to the Service or related systems;
  • interfere with or disrupt the integrity or performance of the Service;
  • use the Service to transmit malware, spam, or other harmful content;
  • reverse-engineer, decompile, or attempt to extract the source code of the Service except to the extent permitted by applicable law;
  • resell, sublicense, or otherwise commercially redistribute the Service without our written consent;
  • use the Service to process personal data in violation of applicable data protection laws (including GDPR, CCPA / CPRA, DPDP Act, and equivalents in your jurisdiction).

5. Intellectual Property

DMSJoy and the underlying Service are protected by copyright, trademark, and other intellectual property laws. We retain all right, title, and interest in and to the Service, including all software, designs, logos, and documentation. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes only, in accordance with your Order Form and these Terms.

6. Data Ownership

You retain full ownership of all data you or your authorised users enter into or generate within the Service ("Customer Data"), including vehicle records, customer records, service histories, warranty claims, and financial transactions. We process Customer Data solely as your Data Processor for the purpose of providing the Service, in line with the Data Processing Agreement signed with your organisation. We do not use Customer Data for our own purposes, and we do not sell or share it with third parties except as instructed by you or as required by law.

Upon termination of your subscription, you may export your Customer Data in standard formats. We retain a copy for 90 days after termination to allow for re-export, after which the data is permanently deleted unless a longer retention period is required by law.

7. Service Availability

We aim to make the Service available 99.9% of the time on a calendar-month basis, excluding scheduled maintenance windows. Scheduled maintenance is notified at least 48 hours in advance and is typically performed during low-traffic windows for the customer's primary region. We do not guarantee uninterrupted or error-free operation; downtime may occur due to maintenance, force majeure, or third-party dependencies. Customers on the Enterprise plan may negotiate specific Service Level Agreements with associated remedies.

8. Payment Terms

Subscription fees are payable monthly in advance in the currency specified on your Order Form, via the payment method specified on your Order Form (bank transfer, card, or other approved method). Invoices are due within fifteen (15) days of issue. Late payment may incur interest at the rate of 1.5% per month or the maximum permitted by applicable law, whichever is lower. We reserve the right to suspend access to the Service if an invoice remains overdue for more than thirty (30) days, after providing written notice and an opportunity to cure.

9. Termination

Either party may terminate the subscription with thirty (30) days' written notice. We may terminate immediately if you materially breach these Terms (including non-payment) and fail to cure within fifteen (15) days of written notice. Upon termination:

  • your access to the Service will end on the effective date;
  • you remain responsible for fees accrued through the termination date;
  • you will have 90 days to export your Customer Data, after which it is permanently deleted;
  • provisions that by their nature should survive termination (intellectual property, data ownership, limitation of liability, governing law) will survive.

10. Limitation of Liability

To the maximum extent permitted by applicable law, our aggregate liability for any claim arising out of or relating to these Terms or the Service is limited to the fees paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages. Nothing in these Terms excludes liability that cannot be excluded by applicable law.

11. Indemnification

You agree to indemnify and hold us harmless from any claim, loss, or damage arising out of (a) your breach of these Terms, (b) your violation of applicable law (including data-protection obligations you hold as a Data Controller / Data Fiduciary in respect of your end-customers under GDPR, CCPA, DPDP Act, or equivalents in your jurisdiction), or (c) your use of the Service in a manner not authorised by these Terms.

12. Governing Law and Dispute Resolution

By default, these Terms are governed by the laws of India, without regard to conflict-of-law principles, with disputes subject to the exclusive jurisdiction of the competent courts in Gujarat, India. For customers outside India, the parties may agree on a different governing law and dispute-resolution forum (commonly the customer's home jurisdiction or a neutral seat such as Singapore or London) on the Order Form. Where the parties have agreed to international arbitration, arbitration shall be conducted in accordance with the rules and seat specified on the Order Form, conducted in English.

13. Changes to Terms

We may modify these Terms from time to time. Material changes will be communicated via email to active customers at least thirty (30) days before they take effect. Continued use of the Service after changes take effect constitutes acceptance. The "Effective Date" at the top of this page is updated whenever the Terms are revised.

14. Contact

For questions about these Terms, please contact us:

  • Email: hello@dmsjoy.com
  • Legal entity: Xillentech Software Private Limited (registered office address available on request to enterprise customers)

These Terms are intended to set out the legal framework of your relationship with DMSJoy and do not constitute legal advice. Please consult your own legal advisor for guidance specific to your situation.