Ekstrom Holdings LLC
Last Updated: May 17, 2026
These Terms of Service ("Terms") form a binding agreement between Ekstrom Holdings LLC, a Texas limited liability company ("Company," "we," "us," or "our"), and the individual or entity accessing the Service ("Customer," "you," or "your"). By creating an account, starting a free trial, subscribing, installing the browser extension, or otherwise using the Service, you agree to these Terms.
If you are accepting on behalf of a dealership or other entity, you represent that you have full authority to bind that entity, and "you" refers to that entity.
The Service is a software tool that assists automotive dealerships and their authorized personnel by retrieving vehicle listing information that the Customer has independently published on AutoTrader, generating draft listing descriptions using artificial intelligence, and assisting the Customer in posting or updating those listings to Facebook Marketplace through the Customer's own Facebook account. Optional features include configurable posting cadence, description customization, and listing audit tools that compare posted information against the Customer's source data on AutoTrader.
The Service does not access AutoTrader or Facebook on its own behalf. All access occurs on behalf of the Customer, using the Customer's own credentials and browser sessions, and only with respect to inventory data the Customer owns or is authorized to publish.
New accounts receive a free trial of up to ten (10) complimentary postings beginning at account creation. No payment method is required to start a trial. Once the complimentary postings are used, access to posting features is suspended until a paid subscription is activated. We reserve the right to modify or discontinue the free trial offer at any time for new signups, without affecting trials already in progress.
These Terms apply in full during the free trial. Trial accounts are subject to the same usage limits, acceptable use rules, and termination rights as paid accounts.
The Service is offered on a monthly subscription basis. By subscribing, you authorize us and our payment processor (Stripe) to charge your designated payment method on a recurring monthly basis at the then-current rate, until you cancel.
You may cancel your subscription at any time by emailing support@avarus.app or through any account management interface we provide. Cancellation takes effect at the end of the current billing period. You retain access to the Service through the end of the paid period. We do not issue pro-rated refunds for partial months.
Exceptions: If you experience a material Service outage lasting more than 72 consecutive hours caused solely by our infrastructure (not by third-party platform changes), you may request a pro-rated credit for that period by contacting support within 14 days of the outage. Credits, not refunds, will be applied to future billing cycles.
We may terminate your access immediately for breach of these Terms, for non-payment, or if we reasonably believe your use creates legal or operational risk. In the event of termination for our convenience (not for cause), we will refund any prepaid unused portion of your subscription.
The Service includes an AI description generation feature subject to a fair-use limit of 350 AI-generated descriptions per user account per calendar month. If this limit is reached, AI description generation will be unavailable until the following month. The form-fill and photo upload features remain available regardless of AI usage.
We reserve the right to adjust usage limits with 30 days' notice. Limits exist to prevent abuse and ensure service quality for all users.
You are solely responsible for the content, accuracy, and legality of every listing posted or updated through the Service. Without limiting that responsibility, you agree:
We are not affiliated with, endorsed by, or sponsored by AutoTrader or Facebook (Meta). Your use of those platforms is governed entirely by their own terms. We make no guarantee that the Service will remain compatible with any third-party platform, and platform changes may interrupt or disable functionality at any time without notice.
We are not responsible for any action taken by AutoTrader, Facebook, or any other platform against your account as a result of your use of the Service. You assume full responsibility for any consequences resulting from automated activity on those platforms.
The Service may include automated or manual audit tools that compare information in your Facebook Marketplace listings against information in your AutoTrader listings. These tools are provided for convenience only and do not constitute legal advice.
THE AUDIT FEATURE DOES NOT GUARANTEE REGULATORY COMPLIANCE, INCLUDING WITH THE CARS RULE OR ANY OTHER FEDERAL, STATE, OR LOCAL LAW. YOU REMAIN SOLELY RESPONSIBLE FOR THE ACCURACY AND LEGALITY OF YOUR ADVERTISING AT ALL TIMES.
The Service uses the Anthropic Claude API to draft vehicle listing descriptions based on data you provide or that the Service retrieves from your AutoTrader listings. AI outputs may contain errors, omissions, or inaccurate information. You are responsible for reviewing all AI-generated content before publishing it and for ensuring it is accurate, non-deceptive, and compliant with applicable law.
The Service, including all software, content, trademarks, and documentation, is owned by Ekstrom Holdings LLC or its licensors and is protected by applicable intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your active subscription.
You retain ownership of your own vehicle listing content. You grant us a limited license to process that content solely as necessary to provide the Service.
If you submit suggestions, ideas, or feedback about the Service, you grant us a perpetual, royalty-free, worldwide license to use that feedback in any manner without obligation or compensation to you.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THAT THE SERVICE WILL COMPLY WITH ANY SPECIFIC LAW OR REGULATION, THAT ANY THIRD-PARTY PLATFORM WILL PERMIT OR CONTINUE TO PERMIT USE OF THE SERVICE, OR THAT ANY LISTING POSTED THROUGH THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EKSTROM HOLDINGS LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, ACCOUNT SUSPENSIONS BY THIRD-PARTY PLATFORMS, OR REGULATORY FINES OR PENALTIES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain exclusions or limitations of liability, so portions of this section may not apply to you.
You agree to defend, indemnify, and hold harmless Ekstrom Holdings LLC and its officers, members, employees, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your vehicle listing content; (b) your violation of any law, including the CARS Rule or applicable dealer advertising regulations; (c) your violation of any third-party platform's terms of service or intellectual property rights; (d) any action taken by a third-party platform against your account; or (e) your breach of these Terms.
Informal Resolution First. Before initiating arbitration, you agree to contact us at support@avarus.app and give us 30 days to resolve the dispute informally. Most issues can be resolved this way.
Binding Arbitration. If a dispute is not resolved informally within 30 days, you and we agree to resolve it through final and binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (AAA), rather than in court. The arbitration will be conducted in Collin County, Texas, or by telephone/video at either party's election. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable for a particular claim, that claim must proceed in court and not in arbitration.
Small Claims Exception. Either party may bring an individual claim in small claims court in Collin County, Texas, if the claim qualifies.
Opt-Out. You may opt out of the arbitration agreement by emailing support@avarus.app within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts described in Section 18.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. For any claims not subject to arbitration under Section 17, each party consents to exclusive jurisdiction and venue in the state or federal courts located in Collin County, Texas.
See Section 6 (Cancellation Policy) for cancellation terms. In addition, we may suspend or terminate your access immediately for any material breach of these Terms, for non-payment after notice, or if we reasonably believe your use of the Service creates material legal or operational risk. Sections that by their nature survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to a change, you must cancel your subscription before the effective date.
Ekstrom Holdings LLC
c/o Northwest Registered Agent, LLC
5900 Balcones Drive, Suite 100
Austin, TX 78731
Phone: (469) 382-2097
Email: support@avarus.app