Thank you for using RepairDesk platform. We are fully dedicated to providing you with services based on our field service management app (the "App") that will allow you to manage schedules, create repair tickets, add diagnostic notes, in-take customer signatures, manage inventory and accept debit/credit card payments on the go. These Terms & Conditions ("Terms") govern your use of the services provided on our App and which is remotely accessible through our Website, and includes all the text, data, information, software, graphics, and more (collectively the "Service"), and are entered into by you and RepairDesk Inc. and/or its Affiliates (collectively "RepairDesk," "Provider," "we" or "us"). By continuing to browse and use the Website and/or the App, you agree to comply with and be bound by the followingTerms, which govern RepairDesk's relationship with you in relation to the Terms. The term 'you' refers to the user or viewer of our Website, App, and/or Service.
Using our Service through this Website and/or the App or accessing any part of the Service means you assent to these Terms. We reserve the right to make changes to these Terms at any time without prior notice. You agree to check these Terms periodically for changes. Your use of RepairDesk's Service following the posting of changes to these terms and conditions will mean that you accept those changes. IF AT ANY TIME YOU DO NOT ACCEPT ALL THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE ACCESSING OR USING THE SERVICE.
Additional terms presented in conjunction with certain programs or features offered by the Service, and certain areas within these and/or other Services ("Additional Terms"), may govern these programs, features, or areas. You must agree to those Additional Terms before using those programs, features, or areas. The Additional Terms and this Agreement, taken together, apply to your use of those programs, features, or areas. If there is any inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
You also acknowledge and agree that, unless expressly provided otherwise in these Terms or a separate agreement between you and RepairDesk, RepairDesk does not form any employment or agency relationship with you.
In all activities undertaken pursuant to this Term, you covenant and agree that you will in all material respects comply with such Federal, state, and local laws and statutes, as may be in effect at the time of performance and all valid rules, regulations, and orders thereof regulating such activities.
RepairDesk reserves the right to cancel customer accounts at any time with or without notice. Providing false or invalid account information may result in the termination of your account.
RepairDesk customers agree to supply appropriate payment for the Service received in advance of the time period during which such services are provided.
You agree to indemnify, defend and hold harmless RepairDesk, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by you or any other person accessing the Service.
BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE EITHER AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (B) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES; AND (C) YOU WILL ACCESS AND USE THE SERVICE IN ACCORDANCE WITH THESE TERMS.
IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION OR ENTITY ("ORGANIZATION"), THEN YOU AGREE TO THESE TERMS ON BEHALF OF THAT ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THESE TERMS. IN THAT CASE, "YOU" AND "YOUR" REFERS TO YOU AND THE ORGANIZATION.
SERVICE IS PROVIDED ON AN "AS IS" AND "WHERE-IS" BASIS, AND REPAIRDESK MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SERVICE AND THE MATERIALS CONTAINED THEREIN. ADDITIONALLY, NOTHING CONTAINED ON THE WEBSITE AND THE APP SHALL BE CONSTRUED AS PROVIDING PROFESSIONAL GUIDANCE OR ADVICE TO YOU. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
Any time estimate for completion of the Service which may be given to you is an estimate only and does not form any obligation under the Terms. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices and any changes to the Terms.
RepairDesk may disclose any customer information to law enforcement agencies without further consent or notification to the customer upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
RepairDesk reserves the right to revise its Service and Website content at any time without notice.
Subject to the Terms, RepairDesk grants you a limited, non-transferable right to use our Service to manage your business operations for the Term unless terminated, provided that you may not use our Service in a resale capacity or process third party data. RepairDesk has all rights, title, and interest in the Service and any materials supplied to you by us.
These Terms do not permit or entitle you to obtain and use software upgrades ("Upgrades"). You may request to purchase an Upgrade to an existing subscription by submitting a separate order for our approval (such approval not to be unreasonably withheld).
Other than the content you own, under these Terms, RepairDesk owns all rights to the intellectual property and material contained in the Service, including on this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website and using the Service. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of RepairDesk.
You are expressly restricted to do any of the following:
(a) Build a competitive product,
(b) Build a product or Service using similar functionality, ideas, or graphics incorporated in our Service, or
(c) Copy any functionality, ideas, or graphics represented by or incorporated in our Service.
RepairDesk will provide and operate the cloud-based servers, including our application functionality available to you as provided in these Terms.
Subject to the Terms, RepairDesk will use reasonable efforts to provide our Service 24/7. You agree that from time to time, our Service may be inaccessible or not possible to use for different reasons, like periodic maintenance procedures or upgrades, service malfunctions, and reasons beyond our control or which are anticipated by us, that might include the interruption or failure of telecommunications or digital transmission links, hostile network attacks or network jamming or any other failures. RepairDesk will make reasonable efforts to reduce any disturbance, inaccessibility, or inoperability of our Service in connection with these downtimes. RepairDesk will not be responsible for any damages or costs incurred, lost profits, if any, that may be incurred due to downtime.
You agree to pay RepairDesk fees specified in the plan corresponding to the service level to which you have subscribed through the Service. If payment is not made within three days of account activation, your account may be suspended and data made unavailable. RepairDesk reserves the right to charge a fee(s)for the use of the Services at any time in the future, and RepairDesk may notify you of such fee(s). Your access to or use of any particular Service does not entitle you to further access or use of such Service without additional charge(s) in the future. We may change the fee for any Service used or unused from time to time and will notify you of such change. By being enrolled and/or registered to use the Service after the fee change takes effect, you accept the new fee.
If you cancel your subscription to the Service, your account will remain active till the end of the billing period, whether you are paying monthly, annually, or according to the multi-year plan. You will not receive a refund for the remaining portion of your subscription as you will have full access to the Service until the end of the billing period.
When paying annually, you can request a full refund within 14 (fourteen) days of making the payment. If a refund is requested, your payment will be refunded within 5 (five) business days and your account deactivated.
You are in Agreement to (a) Provide true and complete information as asked on the RepairDesk Service registration form (b) Maintain and timely update the registration data so that it remains accurate, true, and up to date. If you provide any false information, RepairDesk has grounds to suspect that such information is incorrect, inaccurate, or not current and has the right to suspend your account and decline all current or future usage of our Service. You are responsible for safeguarding your own login credentials and also for all activity occurring on your account.
Your browse and use of the Website, the App, and/or the Service will commence the Term and shall continue until it is terminated by either party for breach of its terms. For violations of the Terms, RepairDeskhas the authority to terminate your access to our Service. Any violation of your payment obligations or unauthorized use of our Service will adjudge to be a material breach of the Terms. We may terminate your account or use of our Service if you breach or otherwise fail to meet the terms within these Terms. You may terminate a subscription of our Service at any time; however, you must pay all amounts due and owing before the termination is effective. Please refer to our 'Payment and Refund Policy above.
Your personal information, as well as any User Content you make available to us, belongs to you. If you wish to delete your information from our system, all you need to do is just contact us. We will confirm your request (to verify that it's really you), and we will delete your information as promptly as possible. Once your requested information is deleted, we will notify you.
Should you have any queries or comments, please don't hesitate to drop us an email at email@example.com.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
RepairDesk shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
RepairDesk's liability in respect of any single cause of action arising out of or in connection with the Service (whether for breach of contract, tort, including negligence, statute, or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Service, at our option to (a) supplying the Service again; (b) payment of the cost of having the Service supplied again; or (c) repaying to you any amount that you have paid in respect of the Service.
RepairDesk shall not be liable for any claim arising under the Service unless you give RepairDesk written notice of any claim within a month of becoming aware of the circumstances giving rise to the claim or if earlier, one month from the time you ought reasonably to have become aware of such circumstances.
Any data or information that you may have stored on the App or the Website shall remain your sole responsibility, and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
In no circumstance shall RepairDesk be liable to you for any indirect, special, or consequential loss arising out of or in connection with the Service and the Terms, including any loss of business, revenue, profits, anticipated savings, goodwill, or any other indirect or consequential loss or damage howsoever arising.
All representations, conditions, and warranties, whether express or implied (by statute or otherwise) as related to in the Terms, are excluded to the fullest extent permitted by law.
RepairDesk shall not be liable to you for any delay in or failure of performance of our obligations for the Service and the Terms arising from any reason beyond RepairDesk's reasonable control. RepairDesk's failure to exercise or enforce its rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire Agreement between RepairDesk and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes.
YOU MUST FIRST GIVE REPAIRDESK AN OPPORTUNITY TO RESOLVE THE DISPUTE IN QUESTION, which is first done by emailing us the following information: (1) Your name, (2) Your address, (3) A written description of your claim, and (4) A description of the specific relief you seek. If RepairDesk does not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute as per governing law & jurisdiction, as enumerated above.