Top Local Auto

Terms of Service

Last updated: October 25, 2026

1. About these terms

These Terms govern the Top Local Auto service. Top Local Auto is operated by Downtime Digital Inc., based in British Columbia, Canada.

In these Terms, "Top Local Auto," "we," "us" and "our" mean Downtime Digital Inc. operating as Top Local Auto. "Shop," "you" and "your" mean the business subscribing to or considering the service. "Customers" means your shop's own customers and the people who contact your shop through the service.

The service is for businesses only. By starting a subscription, you agree to these Terms and confirm that you have authority to accept them for your business.

2. Your first website version

We build a first version of your shop's website before you pay anything. After reviewing it, you decide whether to put it live. If you decide not to launch, no subscription begins and you owe nothing.

3. Plans and prices

Your site is $149 a month, and we build it before you pay anything. Tuned and Turbo are add-ons on top of it: texting, and the AI phone.

Your plan is your site (Stock) plus any add-on you choose (Tuned or Turbo). The current monthly price, setup fee, included features and monthly allowances for the site and each add-on are shown at toplocalauto.com/plans, and the plan you choose is confirmed at checkout. That confirmation forms part of these Terms.

Prices are charged in Canadian dollars for shops in Canada and in US dollars for shops in the United States. Applicable taxes are added.

Features marked "Rolling out" are not yet available to every shop. We will turn them on for your plan when they are ready. Your price does not depend on them.

4. Terms of commitment

You choose one of these when you subscribe:

  1. Month to month. Billed monthly. Cancel any time. Any add-on setup fee is charged once, at checkout.
  2. 12-month term (Tuned and Turbo). Billed monthly for 12 months. The setup fee is waived in exchange for the 12-month commitment.
  3. Prepaid year. The year is paid up front, any setup fee is waived, and you save an additional 10%.

When a 12-month term or prepaid year ends, your plan continues month to month at your current price unless you choose a new term.

Leaving a 12-month term early. If you end a 12-month term before it finishes, other than because of our uncured breach, you pay back the setup fee that was waived, any discount you received for the commitment, and the value of any switch credit you received. You agree this amount reflects the discount you received for the commitment and is not a penalty.

Prepaid years are not refunded for unused months, except as required by law or where we end the service without cause.

5. Switch credit and referral credit

If you are in an active contract with another website, texting or marketing provider with more than two months remaining, we may credit up to two months of your plan's monthly fee while that contract runs out. You must show us the contract. The credit is available only on a 12-month term or a prepaid year and is applied to your first invoices.

Referral credit. If a shop you refer signs up for its own Top Local Auto site and names your shop when it signs up, the new shop gets a credit of one month's site fee ($149) on its first month. You get a credit of one month's site fee ($149) after the new shop has paid its second monthly payment, as long as both accounts are in good standing. Referral credits apply to the monthly site fee only, not to add-ons, setup fees or top-ups, and are applied to your next invoice. They have no cash value and cannot be transferred. One referral credit is given per new shop. The referral program is not open to group offers: referring another location of your own business or group, or a store covered by a group agreement (section 13), does not earn a credit. We decide whether a referral qualifies, may correct a credit given in error, and may change or end the referral program for future referrals at any time. Credits already earned are honoured.

6. Billing

When billing starts.

  • Your site: your site's first month is charged at checkout, after you approve your site. On a prepaid year, your site's year is charged at checkout.
  • Setup fee: on month to month, the Tuned or Turbo setup fee is also charged at checkout. There is no setup fee on a 12-month term or a prepaid year.
  • Tuned or Turbo: your add-on starts when your texting and AI phone are set up and ready. We tell you that day. Its first charge covers the time up to your next billing date (the rest of the month, or the rest of the year on a prepaid year), so your site and add-on are billed together from then on.

After that, you are billed in advance on the same date each month (or each year, on a prepaid year).

A valid credit or debit card is required at checkout. You authorize us to charge that card for your site, any add-on, any top-ups you add and any other charges you have agreed to, until your subscription ends.

You are responsible for keeping your billing and contact information current. If a payment fails, we will tell you and may suspend the service until the account is up to date.

7. Usage allowances and top-ups

Each plan includes monthly allowances for website chats, texts and AI phone minutes, as listed on toplocalauto.com/plans.

  • Texts are counted per segment. A text of up to 160 standard characters is one text; longer texts, and texts with some symbols or emoji, count as more than one. Texts sent and received both count.
  • Unused allowances do not roll over to the next month.
  • We warn you at 80%. When you reach 80% of any allowance, we show a notice in your dashboard and email you.
  • Past the allowance. You can add a top-up or move to a bigger plan from your dashboard, at the prices shown on /plans. We never charge for usage you have not agreed to.
  • Automatic top-ups (optional). You can switch on automatic top-ups and set a monthly spending limit. When an allowance runs out, we add the top-up you chose and charge it, up to your limit, and tell you each time. You can switch this off at any time.
  • If you reach an allowance without a top-up, the service keeps working for your customers and we will contact you; we may limit further use of that feature if usage stays well above your plan.

8. Price changes

We will give you at least 30 days' notice by email before a price change applies to you. A change does not apply during a 12-month term or prepaid year that is already running; it applies when that term ends. If you do not agree to a change, you may cancel before it takes effect.

9. Cancellation

You may cancel a month-to-month plan at any time by email. Cancellation takes effect at the end of the period already paid for. Section 4 covers ending a 12-month term early.

Charges already paid are not refundable unless required by law or agreed by us in writing.

10. Texting

Tuned and Turbo include texting from your shop's number: missed-call text-back, replies, confirmations, reminders, review requests and, on Turbo, follow-up and marketing texts.

  • You are the sender. Every text sent through the service is sent by your shop, in your name.
  • Consent. Before any text is sent, you must have, and keep proof of, every consent the law requires, including under Canada's Anti-Spam Legislation (CASL), the US Telephone Consumer Protection Act (TCPA) and state telemarketing laws. Replies to a customer's own request, missed-call text-backs, confirmations and reminders are generally allowed on the customer's own contact. Marketing, review requests, win-back and other promotional texts need the customer's consent to receive them from your shop, and in the US, written consent.
  • Your contact lists. You must not upload purchased, rented or shared lists, or contacts who have not dealt with your shop.
  • Opting out. Customers can opt out by replying STOP or in other reasonable ways. We process opt-outs automatically, and you must not text a customer who has opted out.
  • Timing. We send automated texts only between 8 am and 8 pm in the customer's local time. You are responsible for any other timing rules that apply to you.
  • Carrier rules. Texting starts after the phone carriers verify your business and number. We register your business with the carriers using the information you give us, and you must keep it accurate. You must not send content the carriers prohibit, including sexual content, hate, alcohol, firearms, tobacco, cannabis, gambling or high-risk lending.
  • Records. We keep opt-in and opt-out records for at least four years and give them to you on request.
  • We may pause texting that breaks these rules, the law or carrier policy, or that risks your number being blocked.

11. AI phone receptionist (Turbo)

  • Recording notice. At the start of every call, the AI receptionist says that the caller is speaking with an automated assistant and that the call is recorded and transcribed. You must not turn off or change this notice. You are responsible for any further notice the law requires where you operate.
  • Calls out. AI calls to customers, such as quote follow-ups, are off unless you turn them on. By turning them on, you confirm you have the consent the law requires for each person called, including written consent for any marketing content.
  • Use of recordings. We use recordings and transcripts only to provide the service to you. We do not use them to train AI models for anyone else.

12. AI answers and quotes

The website chat, AI text replies and AI receptionist answer from the prices, hours, services and other information you give us. They identify themselves as AI, and you must not set them up to claim to be a person.

AI answers, estimates and quotes can be wrong. They are not a promise of price, availability or a repair. You are responsible for keeping your information current, and you, not the AI, confirm bookings, prices and work with your customers. A request or booking made through the service is not confirmed until your shop confirms it, unless you have set up live booking into your own calendar.

13. Groups and multiple locations

For groups, head office and each store may each hold a subscription, or head office may pay for some or all stores, as agreed in writing. Head office confirms it has authority to act for the stores it signs up, and is responsible for the stores' use of the service where head office pays. Each store's texting and phone rules (sections 10 and 11) apply to that store.

14. Your domain

Your shop's domain remains your property. You are responsible for keeping its registration current unless we agree to manage it. When the service ends, we will reasonably help you disconnect or transfer the domain.

15. Your content and your customer data

You keep ownership of the names, logos, photographs, text and other materials you provide, and of your customer data. You give us permission to use your materials as needed to provide the service.

Your customer data. You control the personal information of your customers. We process it only to provide the service to you and on your instructions. We do not sell or share it, use it for any other purpose, or combine it with other data, except as the law allows. You are responsible for giving your customers the notices and getting the consents that privacy law requires.

Our safeguards. We use reasonable security safeguards. Our service providers (hosting, texting, phone and AI providers) are bound to protect the data on terms at least as protective as these. We will tell you without undue delay of a security breach affecting your customer data. Some providers store data outside Canada.

Your leads are always yours to export. You can download your leads and customer list from your dashboard at any time.

When you leave. Within 30 days after your service ends, we delete your customer data, unless the law requires us to keep it (for example, opt-out records).

16. Our platform and materials

We and our licensors own the platform, software, code, website design and templates, AI setup, processes and other materials we provide. Your subscription gives you a right to use the website and service while it is active. When the service ends, you keep your content, your customer data and your domain; the website itself, its design and our platform are not transferred to you.

17. Your responsibilities

You agree to: give us accurate information about your shop; review your website and tell us about errors; keep your login details secure; use the service only for lawful business purposes; respond appropriately to customer requests; and follow the laws that apply to your shop, your advertising, your communications and your customers' information.

You must not use the service to send unlawful or unwanted messages, distribute harmful code, interfere with systems, impersonate others, or publish content that is illegal or infringes another person's rights.

18. Maintenance and support

Hosting, maintenance and support are included in every plan. We may update the website, platform and hosting to keep them secure and working. Support does not include a complete redesign or new custom software; we will confirm the price of any separate work first.

19. Service availability

We work to keep the service reliable, but we do not promise it will always be available or error-free. The service relies on third parties, including phone carriers, texting and AI providers and Google, and we are not responsible for their changes or outages. Carriers may filter or delay texts.

20. Suspension or termination

We may suspend or end the service if payment stays overdue, the service is used unlawfully or against these Terms, a carrier or provider requires it, or continued operation creates a security or legal risk. Where reasonable, we will give notice and a chance to fix the issue first. We may act immediately to prevent harm or comply with the law.

21. No guaranteed results

We do not guarantee a particular search ranking, number of leads or calls, appointment volume, review count or revenue. Except as expressly stated in these Terms and for warranties that cannot be excluded by law, the service is provided as available, without other warranties.

22. Liability

Neither party is liable for indirect, special, incidental or consequential losses, including lost profits, lost opportunities or loss of data.

Our total liability arising from the service is limited to the fees you paid us in the 12 months before the claim.

These limits do not apply to your payment obligations or your responsibility under section 23, or to fraud, gross negligence, wilful misconduct or any liability that cannot be limited by law.

23. Claims related to your business

You will defend us and cover our reasonable losses and costs from any third-party claim or regulatory action arising from your messages, contact lists and consents, your call-recording notices, your content, your instructions to the service, your dealings with your customers, or your breach of the law or these Terms, except to the extent caused by our own breach or wrongful conduct.

24. Privacy

Our Privacy Policy explains how we handle personal information about you and visitors to our own sites. Section 15 covers your customers' data.

25. Changes to these terms

We may update these Terms to reflect changes to the service, our business or the law. We will give at least 30 days' notice by email of a material change that affects an active subscription. If you do not agree, you may cancel before it takes effect, and section 4's early-exit amount does not apply to that cancellation. Continuing after the change takes effect means you accept it.

26. Governing law

These Terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. Any dispute that cannot be resolved informally will be brought before the courts of British Columbia, unless applicable law requires otherwise.

27. General terms

These Terms, your plan confirmation, any written group agreement and the Privacy Policy form the whole agreement between you and us. If part of these Terms is found unenforceable, the rest still applies. A delay in enforcing a right does not waive it. You may not transfer the agreement without our consent. We may transfer it as part of a reorganization or sale of the business or service.