Terms & Conditions Summary:
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.
Acceptance and Variation of Terms 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 protected]
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.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING REPAIRDESK CONNECT, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE REPAIRDESK CONNECT. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ IT CAREFULLY.
RepairDesk Connect is only intended for use by companies located in the United States of America with US-based customers, except for specific non-US countries and territories approved by us in our sole discretion. If you intend to use RepairDesk Connect within the US, you represent that you have the authority to enter into the Agreement, are the age of majority in the state in which you reside, are a legal resident of the United States who is an authorized representative of a business entity authorized to conduct business by the US state(s) in which it operates, that you will not use RepairDesk Connect with/for any non-US based customers and that your business is not engaged in marketing or providing services of an “adult” nature, pharmaceuticals, marijuana-related products or services, or guns/firearms-related services, for which you wish to utilize RepairDesk Connect. If you are not a US company and/or you operate primarily outside the US and/or intend to use RepairDesk Connect with/for customers outside of US, please see the end of these RepairDesk Connect Terms and Conditions for additional terms that apply to you based on your country or territory or the country or territory in which your customers are located.
Defined terms are:
Trial Subscriptions. If you receive free access or a trial or evaluation subscription to RepairDesk Connect (a "Trial Subscription"), then you may use RepairDesk Connect in accordance with the terms and conditions of this Agreement for a period of fourteen (14) days or such other period granted by us (the "Trial Period"). Trial Subscriptions are permitted solely for your use to determine whether to purchase a paid subscription to RepairDesk Connect. Trial Subscriptions may not include all functionality and features accessible as part of a paid Subscription Term. If you do not enter into a paid Subscription Term, this Agreement and you right to access and use RepairDesk Connect will terminate at the end of the Trial Period. We have the right to terminate a Trial Subscription at any time for any reason. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL SUBSCRIPTIONS.
Beta Offerings. You may choose to use Beta Offerings in your sole discretion. Beta Offerings may not be supported and may be changed at any time without notice. Beta Offerings may not be as reliable or available as RepairDesk Connect. We will have no liability arising out of or in connection with Beta Offerings. YOU USE BETA OFFERINGS AT YOUR OWN RISK. “Beta Offerings" means pre-release services, features, or functions identified as alpha, beta, preview, early access, or words or phrases with similar meanings.
You agree that you will not allow non-Authorized Users to use your Account or Credentials to access or use RepairDesk Connect under any circumstances (note: you should not need to provide your Credentials to any of our personnel in order to obtain customer service or support). You grant us and our third-party service providers specific permission to provide, administer, monitor, track and access your Account for any administrative purposes we deem appropriate. If you are accessing RepairDesk Connect using credentials provided by a third party (e.g., Google), then you will comply with all applicable terms and conditions of such third party regarding provisioning and use of such credentials.
Third-Party Platforms and Third Party Messaging Apps
Notices/How to Contact Us. All notices must be in writing and sent by going to https://www.repairdesk.co/contact and completing the requested information. Cancellation or Termination notices must include your business name, telephone number, and address, and must be directed to the Customer Support Department department. For questions about this Agreement or your RepairDesk Connect, please call Customer Support at +1 314-627-5402.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY WITH RESPECT TO ANY SERVICES OR FEATURES PROVIDED TO YOU AT NO COST. REPAIRDESK CONNECT AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY OR BY CUSTOM OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (i) REPAIRDESK CONNECT OR RELATED SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS, (ii) THE OPERATION OF REPAIRDESK CONNECT OR RELATED SERVICES WILL BE CONTINUOUS OR FREE OF DEFECTS, ERRORS OR INACCURACIES, (iii) THE FUNCTIONS CONTAINED IN REPAIRDESK CONNECT SOLUTIONS WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU, (iv) YOUR DATA WILL BE SAFE FROM UNAUTHORIZED ACCESS, (v) YOUR REPAIRDESK CONNECT SOLUTIONS WILL BE AVAILABLE OR ACCESSIBLE AT ANY GIVEN TIME, OR (vi) YOUR USE OF REPAIRDESK CONNECT WILL COMPLY WITH ALL APPLICABLE LAWS. Furthermore, and without limiting the generality of the foregoing, we do not warrant, and you expressly disclaim any reliance on, any statements or representations, including estimates, not contained in the Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER EXEMPLARY DAMAGES DUE TO ANY MANNER OF USE OR INABILITY TO USE ELEMENTS OF REPAIRDESK CONNECT, INCLUDING BUT NOT LIMITED TO SHORT CODES, LONG CODES, TOLL-FREE NUMBERS, API KEYS, AND DSP EMAIL SERVERS, OR FOR LOSS OF PROFITS OR REVENUE, OR LOSS OF BUSINESS, OR LOSS OF GOODWILL OR REPUTATION, OR LOSS OF USE OR DATA. THE LIMITATION OF LIABILITY IN THIS SECTION SHALL APPLY REGARDLESS OF THE NATURE, TYPE OR FORM OF THE CLAIM, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LIABILITY, EVEN IF THRYV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (I) YOUR INABILITY TO USE REPAIRDESK CONNECT, INCLUDING AS A RESULT OF ANY (A) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OR ACCESS TO REPAIRDESK CONNECT, (B) OUR DISCONTINUATION OF REPAIRDESK CONNECT, OR (C) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF REPAIRDESK CONNECT FOR ANY REASON; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (III) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO REPAIRDESK CONNEC; OR (IV) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU HAVE PAID UNDER YOUR ACCOUNT FOR REPAIRDESK CONNECT DURING THE 12 MONTHS PRIOR TO ANY CLAIM.
The limitations in this Section shall apply notwithstanding any failure of essential purpose under this Agreement. To the max extent permitted by applicable Law, we are not liable to you for any deviation from or change in our policies, practices, and procedures.
You understand and agree that we have set our prices and entered into this Agreement with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocates risk between us and form the basis of a bargain between the parties.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable Law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
You represent that you have the authority to enter into the Agreement, are an authorized representative of a business entity authorized to conduct business by the country in which it operates, and that your business is not engaged in marketing or providing services of an “adult” nature, pharmaceuticals, marijuana-related products or services, or guns/firearms-related services, for which you wish to utilize RepairDesk Connect