Terms of Use

These Terms of Use ("Terms" or "Terms of Use") constitute an agreement between you ("you" or the "user") and ShopStarter LLC, and its affiliates, subsidiaries or assigns (collectively, "ShopStarter," "we," "us" or "our"). This website (the "Site") is owned and operated by ShopStarter. Access and use of this Site and our services provided through the Site and offline (together, the "Services") are provided by ShopStarter to you on condition that you accept these Terms of Use. By accessing or using the Services, you signify that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to accept these Terms of Use, you may not access or use the Services.

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of the Services; and (iv) the equipment, hardware or software required to use and access the Services.

Any changes we make to these Terms of Use will be effective immediately upon posting on this Site. Please return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

1. Privacy Policy

ShopStarter has made a commitment to protecting the privacy of those who use the Services. Please review our Privacy Policy, which is incorporated by reference in these Terms of Use. By using the Services, you are consenting to and agreeing to be bound by the Privacy Policy.

When you use the Services, you consent to receive communications from us electronically via the Services, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Services and to update such information while you continue to use the Services.

To the extent permitted by law, ShopStarter reserves the right to automatically process your personal information using technologies that use machine learning and/or artificial intelligence. You further acknowledge that by using certain aspects of the Services, you may be interacting with functions that involve the use of machine learning or artificial intelligence.

2. Description of Services

ShopStarter provides a marketing and customer engagement platform designed specifically for auto repair shops. Our Services may include, but are not limited to:

• Automated review request systems to help shops build their online reputation
• Service reminder and follow-up communications via email and SMS
• AI-powered phone answering and customer communication tools
• Digital vehicle inspection (DVI) software and reporting
• Website creation and Google Business Profile optimization
• Customer data management and analytics
• Integration with shop management systems (e.g., Tekmetric, Mitchell1, Shopmonkey)

3. Use of This Site

If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that this Site, the Services, or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services in your location.

Some countries may have laws that forbid participating in the activities we offer on the Site or Services. These restrictions might include a minimum age for using the Internet or entering into contracts like these Terms of Use. You are responsible for making sure you can use this Site and the Services in the location you reside in. Continuing to use the Site represents and warrants to us that you have verified that you are permitted to use the Site and Services in your jurisdiction.

4. Eligibility

You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Site or our Services; and (c) have full power and authority to enter into these Terms, and in doing so will not violate any other agreement to which you are a party.

5. Services and Your Account

In order to access and use certain Services available on this Site, you may need to sign up for, open and maintain an account (your "Account") with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services.

You represent and warrant that at all times you will: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and promptly update your information (including your e-mail address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Services and to refuse any and all current or future use of the Services.

During the registration process, you may be required to choose a user name and enter your email address. You acknowledge and agree that ShopStarter may rely on this email address or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) and/or password(s), if any. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use.

WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.

Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying the Services will not be permitted. We reserve the right in our sole discretion to remove or edit any content and to terminate your Account for any reason.

6. Text Messaging and Communications

You understand that by using the Services, we may send you certain automated text messages and emails relating to the Services, including but not limited to scheduling, payment, service reminders, review requests, and promotional communications related to your auto repair shop business.

If you use a mobile device to access the Services optimized for mobile viewing, or use a mobile application, the following additional terms and conditions also apply:

• You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise.
• You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site.
• All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.

7. Use of Services

The information and materials contained on the Services, and these Terms, policies, and descriptions on the Services, are subject to change. You accept sole responsibility for all of your activities using the Services. Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into ShopStarter's systems or misuse of any information posted on the Services, is strictly prohibited.

You may not use the Services in a manner that:

• Is unlawful, fraudulent, or deceptive
• Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights)
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability
• Attempts to gain unauthorized access to ShopStarter's computer network or user accounts
• Attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment
• Uses tools which hack or alter this Site or the Services, or that allow you to connect to this Site's or the Services' private binary interface or utilize any interfaces other than those provided by us to you
• Uses or launches any automated system, including, without limitation, "robots," "spiders," or "offline readers," to access content or systems of ShopStarter
• Uses any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of this Site, without ShopStarter's express prior written consent
• Interferes with any other person's use of the Services, including, without limitation, by disrupting, spamming or otherwise using abusive tactics to deter others from using the Services or any of its features
• Mirrors or frames any part of this Site without ShopStarter's express prior written consent
• Attempts to damage, disable, overburden, or impair servers or networks
• Violates these Terms or any other ShopStarter policies

We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site and the Services.

8. Our Materials

ShopStarter may make certain digital reproductions of materials, information, content, software, or other materials (including but not limited to intellectual property, database rights, graphics, videos, text, and logos) available to you from this Site from time to time (collectively, the "ShopStarter Materials"). This Site (including its organization, presentation and Materials) is the property of ShopStarter and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights. ShopStarter or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner except as permitted.

By using the Services, we grant you a non-exclusive, non-transferrable, non-sublicensable, and revocable right and license to use the Materials for your personal use only. If you download, access or use any Materials, you agree that such materials: (i) may only be used for your personal use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without ShopStarter's prior written permission; (iii) shall not be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing software; and (iv) shall only be used in compliance with any additional license terms accompanying such materials.

9. User Content

You are solely responsible for the content and information (collectively referred to as "User Content") that you post or upload on the Services including feedback or questions. By submitting User Content to the Services, you automatically grant ShopStarter the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties.

User Content uploaded or otherwise communicated on the Services shall comply with all applicable law and regulations and any applicable third party agreements, which you are responsible for knowing and understanding.

You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Services. We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We reserve the right to deactivate your account or otherwise prevent your use and/or participation on Services at any time and for any reason.

10. Third-Party Integrations

ShopStarter integrates with various third-party shop management systems and services including, but not limited to, Tekmetric, Mitchell1, and Shopmonkey. Your use of any third-party services accessed through ShopStarter is subject to the terms and conditions of those third-party services.

This Site or the Services may contain links to outside services and resources, the availability and content of which ShopStarter does not control. The inclusion of these links does not imply that ShopStarter monitors or endorses these sites. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. We do not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource.

11. Intellectual Property

The Services, the content, any materials or information downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by ShopStarter or third parties; all rights, title, and interest will remain the property of ShopStarter and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized to view and retain a copy of pages of the Services only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with us. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use, without our prior express written consent.

12. Availability

We cannot and do not promise that the Site or the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services, and you shall be solely responsible for all charges and fees related thereto.

Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. ShopStarter is not liable for any damages related to communications to, or from, this Site or the Services.

13. Security

ShopStarter makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. ShopStarter is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Site by using the contact information in the "Contact Us" section below.

Due to technical difficulties with the Internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. ShopStarter recommends that you install appropriate anti-virus or other protective software.

14. Disclaimers: Site, Services and Materials Provided "As-Is"

Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section will apply to you to the extent permitted by applicable law.

15. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

16. Indemnification

You will defend, indemnify, and hold ShopStarter, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the "Protected Parties") harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Services and/or (b) violation (or alleged violation) of these Terms by you or any other person accessing the Site or Services on your behalf. Under no circumstance will ShopStarter be liable for damages of any kind that result from your use of, or the inability to use, the Services.

Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.

17. Term and Termination

ShopStarter may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree (i) that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that ShopStarter shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Services at any time or from time to time.

We may terminate these Terms of Use for convenience with no notice to you. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services.

If you wish to delete your account or terminate your subscription, you can do so at any time. In the event of termination, you will still be bound by your obligations under these Terms.

18. Severability / No Waiver

If any provision of these Terms of Use is found to be unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. ShopStarter's failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any Service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.

19. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to provisions relating to conflicts of law), except as to copyright and trademark matters, which are covered by American federal laws. You agree that any legal action or proceeding between ShopStarter and you for any purpose concerning these Terms or the parties' obligations hereunder shall be resolved individually, without resort to any form of class action.

20. Changes to These Terms

You are responsible for reviewing these Terms regularly. ShopStarter reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Services, these Terms, or any of our policies related to use of the Services. Revisions to these Terms or our policies may be provided through the Services, including by posting the revisions on the Services and updating the "Last Updated" date. Such revisions will go into immediate effect once posted to the Services. Continued use of the Services following such modifications to the Services, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.

21. Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms shall not be given any legal import.

These Terms of Use are not assignable, transferable, or sublicensable by you except with ShopStarter's prior written consent. ShopStarter may assign its rights and duties under these Terms of Use at any time without notice to you.

22. Contact Us

If you need to contact us regarding this Site, the Services or these Terms of Use, please reach out to us:

• Email: [email protected]