Last updated: December 12, 2023
These Terms and Conditions ("Agreement") govern your access to and use of the VinWise website located at https://vinwise.org (the "Website"), which is owned by LIA Enterprises LLC, a Texas limited liability company ("VinWise").
By accessing or using the Website, you agree to be bound by this Agreement. If you do not agree to this Agreement, please do not use the Website.
For purposes of this Agreement:
The services offered on the VinWise Website are intended for individuals who are at least 18 years of age. By using the Website, you represent and warrant that you meet this eligibility requirement.
VinWise offers Vehicle History Reports from Third Party Sources. A Vehicle History Report can be purchased for the listed amount of Tokens through the Website's top-up page. The price of Tokens depends on how many Tokens are purchased. You must purchase Tokens to obtain Vehicle History Reports.
Payments for Tokens are processed through third-party payment processors like Stripe and Coinbase Commerce. Tokens are non-refundable unless decided on a case-to-case basis. VinWise does not refund Tokens if the Vehicle History Report is inaccurate or incomplete since it relies on information provided by Third Party Sources.
VinWise is committed to protecting your privacy and data, in accordance with California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR). We store user emails, passwords (bcrypt hashed), IP addresses, and VINs (provided during report ordering). You can view our full privacy policy here.
The user is solely responsible for maintaining the confidentiality and security of their account and any API keys attached to it. The user agrees not to share their account or API keys with any third party and take reasonable measures to prevent unauthorized usage. Users have the ability to refresh their API key on the Developers page and change their password in the My Account page of the website. VinWise shall not be liable for any damages resulting from unauthorized access or use of the user's account or API keys.
Users who wish to resell VinWise Vehicle History Reports are allowed to do so; however, we require that such reports are priced reasonably and in a manner that does not intentionally undercut the market value. The determination of what constitutes 'reasonable pricing' will be at the sole discretion of VinWise. Any user found in violation of this policy may have their access to VinWise services restricted or terminated. In the event that a user's access is restricted or terminated for this reason, no refund will be issued.
All content on the VinWise Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and trademarks, is owned by their respective owners and is protected by United States and international trademark laws. VinWise does not claim ownership or association with any trademarks, logos, or other proprietary materials used on the Website. Additionally, VinWise wishes to clarify its relationship with data sources from which we obtain Vehicle History Reports. There is no formal contract or agreement between VinWise and these data sources, and this website is not affiliated with any of the mentioned data sources. The Vehicle History Reports available on this platform are obtained through a third party that aggregates publicly accessible reports from the internet. VinWise neither claims authorship nor does it modify these reports. It is important to note that these reports do not fall under the category of private data, as they are publicly accessible without requiring user authentication or login credentials. A notable legal precedent was set by the U.S. 9th Circuit Court of Appeals on September 9, 2019, arising from the United States District Court for the Northern District of California. This ruling confirmed that web scraping of public websites, including the aggregation of publicly available vehicle history reports, does not violate the Computer Fraud and Abuse Act (CFAA).
Vehicle History Reports are provided by Third Party Sources and VinWise cannot guarantee their accuracy or completeness. By using the Website, you acknowledge and accept the inherent risks associated with using Vehicle History Reports. To the fullest extent permitted by applicable law, VinWise disclaims all warranties, express or implied, regarding the Website and the Vehicle History Reports provided through the Website. In no event shall VinWise be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Website or the Vehicle History Reports provided through the Website.
We want to make our users aware of the following regarding the redemption of tokens for reports available on our website:
By using our website and redeeming Tokens for reports, you acknowledge and accept the inherent risks associated with changing report availability. VinWise disclaims all warranties, express or implied, in this regard. Please contact our support team if you have any questions or concerns about token redemption and report availability.
VinWise, at its discretion, may periodically remove older data, including Vehicle History Reports, from its servers. While efforts are made to ensure reports remain accessible for a minimum of 60 days, it's important to note that no explicit or implied warranty or guarantee is provided regarding the indefinite availability of these reports. It's worth mentioning that users have the option to download these Vehicle History Reports to their system, allowing them to maintain these reports indefinitely.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms and Conditions shall be resolved exclusively by the state or federal courts located in Harris County, Texas.
VinWise reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement on the Website. Your continued use of the Website following any such modification constitutes your agreement to be bound by the modified Agreement.
This Agreement constitutes the entire agreement between you and VinWise regarding the use of the Website. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
The failure of VinWise to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Thank you for using VinWise! If you have any questions or comments about this Agreement, please contact us at [email protected].