Terms of Service

Last Updated: November 15, 2023

1. Introduction

Welcome to AutoMaster. These Terms of Service ("Terms") govern your access to and use of the AutoMaster website and auto shop management services, including any content, functionality, and services offered on or through our website and mobile applications (collectively, the "Service"). By accessing or using the Service, you are accepting these Terms and entering into a legally binding agreement with AutoMaster Inc., a Canadian corporation ("AutoMaster", "we", "us", or "our").

Please read these Terms carefully before you start using the Service. If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

The Service is intended solely for users who are 18 years of age or older and who can form legally binding contracts under applicable law. By using the Service, you represent and warrant that you meet these eligibility requirements.

If you are using the Service on behalf of a company, organization, or other entity, then "you" includes you and that entity. You represent and warrant that you are authorized to accept these Terms on that entity's behalf and that the entity agrees to be responsible to us if you violate these Terms.

3. Account Registration

To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and your business. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to disable any user account at any time in our sole discretion for any reason, including if we believe that you have violated these Terms.

4. Subscription Plans and Payment

AutoMaster offers various subscription plans for its Service. The features, limitations, and pricing of each plan are described on our website. By selecting a subscription plan, you agree to pay the applicable fees as they become due.

All payments are processed through our third-party payment processors. You agree to provide accurate and complete payment information and authorize us to charge your specified payment method for all fees associated with your subscription plan.

Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle option you select. Unless otherwise stated, subscriptions automatically renew at the end of each billing period. You may cancel your subscription at any time by contacting our customer support team or through your account settings.

5. License and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your business purposes. This license does not include the right to:

  • Modify, alter, or create derivative works of the Service;
  • Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Service;
  • Rent, lease, loan, sell, sublicense, distribute, or otherwise transfer the Service to any third party;
  • Remove or alter any proprietary notices or labels on the Service;
  • Use the Service to store or transmit malicious code or other harmful data;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Attempt to gain unauthorized access to the Service or its related systems or networks.

6. User Content

The Service may allow you to upload, store, and share content such as text, images, data, and other materials ("User Content"). You retain all rights in your User Content, and you are solely responsible for it. By uploading, storing, or sharing User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transfer, and display your User Content, solely for the purpose of providing the Service to you.

You represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use your User Content as described in these Terms;
  • Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or other rights of any person or entity;
  • Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

7. Data Privacy and Security

We take data privacy and security seriously. Our Privacy Policy, available at Privacy Policy, describes how we collect, use, and disclose information about you and your customers when you use our Service. By using the Service, you agree to our collection, use, and disclosure of information as described in our Privacy Policy.

You are responsible for obtaining all necessary consents and providing appropriate privacy notices to your customers regarding your collection, use, and disclosure of their personal information through the Service.

8. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AutoMaster, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any rights to use the AutoMaster name, logo, or other trademarks, service marks, or trade names, whether registered or unregistered.

9. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by AutoMaster. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that AutoMaster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us at [email protected] or through your account settings. If you terminate your subscription before the end of your current paid-up period, your subscription will remain active until the end of your current billing period, unless otherwise provided in our refund policy.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AUTOMASTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content available through the Service.

12. Limitation of Liability

IN NO EVENT WILL AUTOMASTER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

13. Indemnification

You agree to defend, indemnify, and hold harmless AutoMaster, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. Any legal action or proceeding relating to these Terms or your access to or use of the Service shall be instituted exclusively in the courts located in Toronto, Ontario, and you agree to submit to the personal jurisdiction of such courts.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

16. Contact Information

If you have any questions about these Terms, please contact us at:

AutoMaster Inc.
1250 René-Lévesque Blvd West
Montreal, QC H3B 4W8
Canada

Email: [email protected]
Phone: +1 (514) 555-0123