DRAFT — For attorney review
This is a starting template. Before onboarding real dealerships or customers, have a licensed attorney familiar with consumer finance, BHPH lending, TILA, TCPA, e-sign, and your state's laws review and customize this document. Not a substitute for legal advice.
Terms & Conditions
Last updated: July 14, 2026 · Effective date: [To be set on publish]
1. Acceptance of Terms
By creating a GoPayLoop account or otherwise accessing the GoPayLoop platform ("Service"), you ("Dealership" or "you") agree to be bound by these Terms & Conditions ("Terms") and our Privacy Policy. If you do not agree, do not use the Service.
2. Nature of the Service — Not a Lender
GoPayLoop provides software that helps Buy Here Pay Here ("BHPH") dealerships originate, service, and collect loans on vehicles they finance in-house. GoPayLoop is not a lender, creditor, debt collector, credit bureau, or financial institution. All loan terms, disclosures, credit decisions, servicing decisions, and collection activities remain solely between the Dealership and its customers. The Dealership is the creditor of record for every loan managed on the platform.
3. Dealership Responsibilities & Compliance
You represent and warrant that you will comply with all applicable federal, state, and local laws in the origination, servicing, and collection of loans, including but not limited to:
- The Truth in Lending Act ("TILA") and Regulation Z — including required loan disclosures, APR calculations, right of rescission where applicable, and retained records.
- The Equal Credit Opportunity Act ("ECOA") and Regulation B.
- The Fair Credit Reporting Act ("FCRA") for any credit reporting or adverse action.
- The Fair Debt Collection Practices Act ("FDCPA") and state analogs for collection communications.
- The Telephone Consumer Protection Act ("TCPA") for SMS, calls, and prerecorded messages — including obtaining prior express written consent before sending marketing SMS and honoring STOP/opt-out requests.
- The federal E-SIGN Act and state Uniform Electronic Transactions Act ("UETA") for electronic signatures, disclosures, and records.
- The Gramm-Leach-Bliley Act ("GLBA") Safeguards Rule for protecting customer non-public personal information.
- State licensing, motor-vehicle sales, retail installment sales, and usury laws in each state where you originate loans.
4. TILA / Loan Disclosures — Dealership's Responsibility
The Service may generate suggested TILA "Federal Truth-in-Lending" disclosure boxes based on the loan terms you enter. You are responsible for verifying that every disclosure is accurate, complete, and delivered to the customer before consummation as required by Regulation Z. GoPayLoop does not audit, certify, or guarantee the legal sufficiency of any disclosure and will not be liable for TILA violations arising from data you entered or documents you delivered.
5. E-Sign Consent (E-SIGN / UETA)
When your customers sign loan documents, autopay authorizations, or other agreements through the Service, you agree that: (a) you will present a compliant E-SIGN consent disclosure to the customer prior to obtaining an electronic signature; (b) the customer has the right to withdraw consent, receive paper copies, and be notified of hardware/software requirements; and (c) records of consent, IP address, timestamp, and the signed document are retained by the Service on your behalf as your records.
6. TCPA — SMS & Automated Calls
The Service can send SMS reminders, receipts, and payment links to customers. You represent that every phone number in your account was obtained with the customer's prior express consent to receive account-servicing communications, and that for any marketing content you have prior express written consent as required by TCPA/47 CFR §64.1200. You must honor STOP, END, QUIT, CANCEL, UNSUBSCRIBE, and OPT-OUT replies immediately. The Service will automatically flag customers who reply STOP; you are responsible for not re-adding them. GoPayLoop's role is limited to message transmission on your behalf; TCPA liability rests with the Dealership as the sender of record.
7. Subscription & Billing
The Service is offered on a subscription basis. Current pricing (subject to change on 30 days' notice): 14-day free trial, then $97 USD per month per dealership, billed in advance. Fees are non-refundable except where required by law. Payment processing fees charged by our processor (Stripe or successor) are passed through at the processor's published rates and are separate from your subscription. Failure to pay may result in suspension of access; your data will be retained per Section 11 during any suspension.
8. Customer Payment Processing
Payment processing is handled by third-party processors (currently Stripe, Inc.). Funds flow from the customer directly to your connected merchant account. GoPayLoop does not hold, custody, or transmit customer funds and does not act as a money transmitter. You are responsible for maintaining a valid processor account, complying with the processor's terms, and handling chargebacks, refunds, and disputes.
9. Acceptable Use
You may not use the Service to: (a) violate any law or regulation; (b) harass, threaten, or deceive borrowers, or otherwise violate the FDCPA, TCPA, UDAAP, or similar rules; (c) upload data you lack authority to upload; (d) attempt to access another dealership's data or bypass security controls; (e) reverse engineer, decompile, or copy the Service; (f) resell or white-label the Service without a written agreement; or (g) use the Service for consumer loans other than BHPH auto lending without our written consent.
10. Data Ownership & Customer Data as GLBA NPI
You own your customer and loan data. GoPayLoop processes that data as your service provider solely to provide the Service. You acknowledge customer data is "non-public personal information" under GLBA and must be handled accordingly. You may export your full dataset as CSV at any time from your dashboard.
11. Termination & Data Retention
Either party may terminate at any time. You may cancel from your dealership settings. On termination, your account is deactivated and your data is retained for thirty (30) days to allow for export, then permanently deleted, except where longer retention is required by law (e.g., financial recordkeeping obligations). GoPayLoop may suspend or terminate accounts that materially violate these Terms.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. GOPAYLOOP DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GOPAYLOOP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DOCUMENT OR DISCLOSURE GENERATED BY THE SERVICE WILL BE LEGALLY SUFFICIENT IN YOUR JURISDICTION.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOPAYLOOP'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE SUBSCRIPTION FEES YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. GOPAYLOOP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST GOODWILL, OR REGULATORY FINES ARISING FROM YOUR LENDING OR COLLECTION ACTIVITIES.
14. Indemnification
You will defend, indemnify, and hold harmless GoPayLoop and its affiliates from any claim, loss, or expense arising from: (a) your loans, disclosures, or collection activities; (b) your violation of applicable law, including TILA, TCPA, FDCPA, ECOA, FCRA, and state consumer-finance laws; (c) your breach of these Terms; or (d) data you uploaded to the Service.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be announced by email and in-app at least thirty (30) days before taking effect. Continued use after the effective date constitutes acceptance.
16. Governing Law & Disputes
These Terms are governed by the laws of the State of [STATE], without regard to conflict of laws principles. Any dispute shall be resolved by binding arbitration on an individual basis in [COUNTY, STATE], except that either party may seek injunctive relief in court for intellectual property or security matters. [Attorney to finalize venue and arbitration clause.]
17. Contact
Questions about these Terms? Email support@gopayloop.app.