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Terms & Conditions

Last Updated: November 13, 2024

Terms & Conditions Summary:

Thank you for using the RepairDesk platform. We are fully dedicated to providing you with services based on our point-of-sale app (the “App”), along with its related sub-domains, sites (the “Website”), services and tools, 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, and includes all the text, data, information, software, graphics, and more (the “Services”).

Please read these Terms & Conditions (the “Terms”) which govern your use of the Services provided on our App and which is remotely accessible through our Website, and are entered into by you and RepairDesk Inc. and/or its Affiliates (collectively “RepairDesk”, “Provider”, “we”, “our” or “us”). By continuing to browse and use the Website and/or the App, you agree to comply with and be bound by these Terms. The term ‘you’ refers to the user or viewer (the “User/Users”) of our Website, App, and/or Service.

By using our Services through our Website and/or the App or accessing any part of the Services means you assent to these Terms. If at any time you do not accept all these terms, you must immediately discontinue accessing or using the service.

Additional terms presented in conjunction with certain programs or features offered under the Services, and certain areas within these and/or other Services (the “Additional Terms”), may govern these programs, features, or areas, such as those for PhonePro for which the terms and conditions of 3CX shall also apply. You must agree to those Additional Terms before using those programs, features, or areas. The Additional Terms and these Terms, taken together, apply to your use of those programs, features, or areas. If there is any inconsistency between the Additional Terms and these Terms, the Additional Terms shall prevail.

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 these Terms, 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.

A. Registration Obligations.

 

You are the sole authorized User of any account (the “Account”) you create using the Website and or the App. Your action of successful registration constitutes your acceptance of these Terms. Registration shall be chargeable at such rates as may be applicable to a given Service. Mere registration creates no entitlement for provision of the Services through the Website and or the App. The data required for registration provided by the User must be complete and accurate. The User is responsible for updating its/his/her own data that can be amended at any time from the respective interface of the Website and or the App. Repairdesk has no responsibility over the use of the User Account and expressly disclaims any liability therefrom. Should a User suspect that any unauthorized party might be using its/his/her Account that User is under an obligation to notify us immediately by emailing us at [email protected]. By providing the personal details to RepairDesk at the time of registration and pursuant to the use of the Site, the User hereby affirmatively consents to our use of its/his/her personal details for contacting it/him/her directly in order to perform the Services, including but not limited to occasionally sending notifications, text messages with promotional offers, service updates and reaching out to the User to survey regarding the quality of the Website and/or the App. Notwithstanding anything contained herein, RepairDesk at its sole discretion reserves the right to restrict, suspend, or terminate the User’s Account if it is believed that the User is or may be in breach of this User Agreement or law or is misusing the Services.

You agree 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.
B. User Accounts
Users must be registered on the Website and/or the App to access or use our Services. Except with the RepairDesk’s approval, one User may only register one Account on the Site. RepairDesk may cancel or terminate a User’s Account if it has reasons to suspect that a User has concurrently registered or is controlling two or more Accounts. Further, Repairdesk may reject User’s application for registration for any other reason.

Upon registration on the Website and/or the App, RepairDesk shall assign an account and issue a User ID and password (the latter shall be chosen by a User during registration) to each User (the “User ID”). An Account may have a web-based email account with limited storage space for the User to send or receive emails.

Each User ID is unique to each Account. Each User shall be solely responsible for maintaining the confidentiality and security of their User ID and for all activities that occur under their Account. No User must share, assign, or permit the use of its/his/her User ID by another person outside of the User’s own business. Users agree to notify RepairDesk immediately if they become aware of any unauthorized use of their password or account or any other breach of security of their Account.
All Users agree that all the activities that occur under their Account (including without limitation, posting any information, clicking to accept any additional agreements or rules, subscribing to any Services, sending emails using the email account or sending short messaging services) will be deemed to have been authorized by the User.
All Users acknowledge that sharing of their Account with other persons, or allowing multiple User outside of their business to use their Account (the “Multiple use”), may cause irreparable harm to RepairDesk or other Users of the Website and/or the App. Users shall completely indemnify RepairDesk, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple use of their Account. Users also agree that in case of the Multiple use of their Account or User’s failure to maintain the security of their Account, RepairDesk shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Account without liability to the respective User.
C. Users’ Responsibilities.

The Users represent, warrant and agree that:‍‍‍

  • They shall have complete power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder
  • they use the Website/App and Services for business purposes only.

Upon becoming a User, they consent to the inclusion of the contact information about them in our User database and authorize RepairDesk and our affiliates to share the contact information with other Users or otherwise use their personal information.

All Users represent, warrant and agree that:

  • they shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any user content (the “User Content”) that they submit;
  • any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (the “Third Party Rights”); and
  • they and their affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.


All Users further represent, warrant, and agree that the User content that they submit, post or display shall:

  • be true, accurate, complete and lawful;
  • not be false, misleading or deceptive;
  • not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
  • not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • not violate the Services listed on the Website and/or the App, other terms or any applicable additional agreements;
  • not violate any applicable laws and regulations (including but not limited to those governing consumer data protection) or promote any activities which may violate any applicable laws and regulations;
  • not contain any link directly or indirectly to any other web sites which include any content that may violate the Terms.


All Users further represent, warrant and agree that they shall:

  • conduct their business with other Users of the Websites and/or App in good faith;
  • carry on their activities in accordance with the Terms and any applicable additional agreements;
  • not use the Services or Websites and/or App to defraud any person or entity
  • not impersonate any person or entity, misrepresent themselves or their affiliation with any person or entity
  • not engage in spamming or phishing;
  • not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
  • not involve in any attempts to copy, reproduce, exploit or expropriate RepairDesk’s various proprietary directories, databases and listings;
  • not involve any computer viruses or other destructive or interruptive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  • not involve in any scheme to undermine the integrity of the data, systems or networks used by RepairDesk and/or any User of the Websites and/or App or gain unauthorized access to such data, systems or networks;
  • not, and their director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities are organized or have operations are not persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities/authorities; and
  • not engage in any activities that would otherwise create any liability for RepairDesk or our affiliates.


Users may not use the Services and User ID to engage themselves in activities which are identical or similar to RepairDesk’s business.

Users agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for RepairDesk’s provision of the Services, evaluating whether the User has breached the Terms and/or handled any complaint against other Users. User’s failure to do so results in delay in, or suspension or termination of, the provision of any Services, RepairDesk shall not be obliged to extend the relevant Services period nor shall be liable for any loss or damages arising from such delay, suspension, or termination.

Users acknowledge and agree that each User is solely responsible for observing applicable laws and regulations in their respective jurisdictions to ensure that all use of the Sites and Services are in compliance with the same

D. Permission to Use the Website/App.
We grant you a limited permission to access and make personal use of this Website/App, but not to download (excluding page caches) or modify the Website/App or any portion of it in any manner. This permission does not include any resale or commercial use of this Website/App or its contents; any collection and use of any service listings, descriptions, or any derivative use of this Website/App or its contents; any downloading or copying of account information for the benefit of another User; or any use of data mining, robots, or similar data gathering and extraction tools.
This Website/App or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission granted by us to you for access to the Website/App with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial, personal or other purposes without our express written consent, as may be applicable.

You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of User Account, Services, reviews, or any existing incomplete business with us and in severe cases may also result in legal action on:
‍

  • refusal to comply with the Terms described herein or any other guidelines and policies related to the use of the Website/App as available on the Site at all times;
  • impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  • use the Website/App for illegal purposes;
  • attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the platform or Services;
  • interfere with other User’s utilization and enjoyment of the Website/App;
  • post, promote or transmit through the Website/App any prohibited materials as deemed illegal by the country or state in which the Services are rendered or utilized; and/or
  • use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website/App’s data or damage or interfere with the operation of another User’s computer or mobile device or the Website/App and use the Website/App other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws.


You agree not to undertake any action to undermine the integrity of the computer systems or networks of RepairDesk and/or any other User nor to gain unauthorized access to such computer systems or networks.

E. Conduct of Users.

You must not use the Website/App in any way that causes, or is likely to cause, the Website/App or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Website/App, RepairDesk and/or its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Website/App or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Website/App:
‍

  • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
  • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of the state and or country or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
  • to cause annoyance, inconvenience or needless anxiety.
  • to any other purposes that are other than what is intended by us.
‍F. Breaches by Users.

If any User breaches any Terms, or if RepairDesk has reasonable grounds to believe that a User is in breach of any Terms, RepairDesk shall have the exclusive right to take such disciplinary actions as they deem appropriate, including without limitation:
‍

  • suspending or terminating the User’s Account and any or all accounts determined to be related to such Account by RepairDesk in its discretion;
  • restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any of the Services;
  • imposing other restrictions on the User’s use of any features or functions of any service as RepairDesk may consider appropriate in their sole discretion; and
  • any other corrective actions, discipline or penalties as RepairDesk may deem necessary or appropriate in their sole discretion.


Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
‍

  • Upon complaint or claim from any third party, RepairDesk has reasonable grounds to believe that such User has willfully or materially failed to perform their contract with such third party.
  • RepairDesk has reasonable grounds to suspect that such User has used a stolen credit/debit card or other false or misleading information in any transaction with RepairDesk,
  • RepairDesk has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
  • RepairDesk believes that the User’s actions may cause financial loss or legal liability to RepairDesk or their affiliates or any of the other Users.
G. Payment Information.
‍The Users agree to supply appropriate payment for the Services received in advance of the time period during which such Services are provided and comply with all the payment terms as may be agrees between RepairDesk and the User, under a separate agreement related to the use of a given Service, as listed on the Website and/or App of RepairDesk.
H. Indemnification and Liability.
‍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.
Each User further agrees that RepairDesk is not responsible and shall have no liability to you or anyone else for any use of the Services and other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. RepairDesk reserves the right, at the expense of the Users, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Users, in such event the Users shall cooperate with RepairDesk in asserting any available defenses.
I. Warranties.
‍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 (the “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.
J. Disclaimer.
‍The Users agree that the Services are 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 Services and the materials contained therein. Additionally, nothing contained on the Website and/or the App shall be construed as providing professional guidance or advice to you. We do not warrant that the Services will be error-free or uninterrupted.
At any time, the estimate for completion of the Services which may be given to you is an estimate only and does not form any obligation under the Terms. Your continued use of the Services constitutes your agreement to all such terms, conditions, and notices and any changes to the Terms.
J. Disclosure to Law Enforcement..
‍RepairDesk reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, ‍RepairDesk may disclose the User’s identity, contact information and/or information regarding the User’s Account(s), transactions or activities carried out on or via the Website and/or the App, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena, notice or other legal action. ‍RepairDesk shall not be liable for damages or results arising from such disclosure, and Users agree not to bring any action or claim against ‍RepairDesk for such disclosure.
L. Responsibilities of RepairDesk

‍RepairDesk shall provide the Services in accordance with the requirements of the Service, as may be applicable and to the highest industry standards.

Time is of the essence, therefore, RepairDesk shall endeavor to provide the Services to the User in the timelines required for a given Service.

While providing the Services, RepairDesk shall adhere to all laws and regulations applicable to RepairDesk for a given Services and shall throughout the provision of the Service maintain necessary licenses, certifications and/or permits as required.

RepairDesk during the provision of the Services shall ensure the confidentiality and security of any sensitive information or data provided the User and maintain appropriate measures to protect data privacy and prevent unauthorized access or disclosure.

RepairDesk shall as reasonably practicable, address all or any problems, issues, or disputes that may arise during provision of the Services and shall ensure that the User stays satisfied with the Services provided by it and that the User’s needs and expectations are met.

M. Changes Site Content and Service.
‍‍RepairDesk reserves the right to revise its Service and Website content at any time without notice
N. License.
‍‍Subject to the Terms, RepairDesk grants you a limited, non-transferable right to use our Services to manage your business operations for the use of the Services unless terminated, provided that you may not use our Services in a resale capacity or process third party data. RepairDesk has all rights, title, and interest in the Services and any materials supplied to you by us.
O. Upgrades.
‍ ‍‍These Terms do not permit or entitle you to obtain and use Service 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).
P. Intellectual Property Rights.

‍Other than the content you own, under these Terms, RepairDesk owns all rights to the intellectual property and material contained in the Services, including on the Website and/or the App, 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 and/or the App without the prior consent of RepairDesk.

RepairDesk, RepairDesk logo, and RepairDesk.co, and other marks indicated on our Website are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and Service names are the trademarks or trade dress and may not be used in connection with any service that does not belong to us or in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Q. Limitations.

‍‍You are expressly restricted to do any of the following:

  • sell or resell, transfer, distribute or otherwise exploit or give access to any third party to our Services except as permitted under the Terms to develop your own business;
  • modify or make derivatives based upon our Service;
  • create “links” to our Service or “frame” or “mirror” any portion of our Service on any other server or wireless or Internet-based device;
  • Or Access our Service in order to
  • Build a competitive product
  • Build a product or Service using similar functionality, ideas, or graphics incorporated in our Services;
  • Copy any functionality, ideas, or graphics represented by or incorporated in our Service.
R. Resources.
‍‍RepairDesk will provide and operate the cloud-based servers, including our application functionality available to you as provided in these Terms.
S. Service Availability.
‍‍Subject to the Terms, RepairDesk will use reasonable efforts to provide our Services 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 including internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties . 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.
T. Payment and Refund Policy.

‍You agree to pay RepairDesk fees specified in the applicable plan corresponding to the service level to which you have subscribed through the Services. If payment is not made within three (03) days of account activation, your account may be suspended, and data made unavailable. 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. Changes to the subscription fee will take effect at the start of the next subscription period following the date of the fee change.

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.

U. Term and Termination.
‍Your browsing 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 these Terms. For violations of the Terms, RepairDesk has the authority to terminate your access to our Service. Any violation of your payment obligations or unauthorized use of our Service will be judged 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.
V. Deletion of your Information.
‍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.
W. Third-Party Services and Content.
You may be offered services, products, and content, websites, advertisements, offers, or information provided by third parties and not by RepairDesk (the “Third-Party Services”). If you decide to use Third-Party Services, you will be responsible for reviewing and understanding the terms and conditions for their services. RepairDesk shall not be responsible or liable for the performance of any Third-Party Services. Further, you agree to resolve any disagreement between you and a Third-Party regarding the terms and conditions of any Third-Party Services with that Third-Party directly in accordance with the terms and conditions of that relationship, and not RepairDesk. The Services may contain links to Third-Party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by RepairDesk. Such Third-Party Websites are not governed by these Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Service to a Third-Party Website, our Privacy Policy is no longer in effect. Your browsing and interaction on a Third-Party website, including those that have a link in the Service, is subject to that Third-Party Website’s own terms, rules and policies.
X. General Terms.
  • ‍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, without the written approval of RepairDesk.
  • RepairDesk’s liability in respect of any single cause of action arising out of or in connection with the Services (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 Services, at our option to (a) supplying the Services again; (b) payment of the cost of having the Services 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 Services 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 whatsoever 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 forty five (45) days after receiving your notification, then you may pursue your dispute as per governing law & jurisdiction, as enumerated above.

Terms and Conditions – RepairDesk Connect

These RepairDesk Connect Terms and Conditions, our Privacy Policy and the AUP make up the agreement between you and us for accessing and using RepairDesk Connect (the “Agreement”). By using and accessing RepairDesk Connect, creating and registering for a RepairDesk Connect account (an “Account”), and/or by using any feature of RepairDesk Connect, you acknowledge that you have read, understand and agree to be bound by the Agreement. Changes to the RepairDesk Connect Terms and Conditions will be posted online in advance of their stated effective date, and any such changes will apply to you thereafter if you continue to use RepairDesk Connect or the affected feature. 

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.

You should not use Repairdesk Connect for  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:

  • “AUP” means our Acceptable Use Policy available on this page.
  • “Client Data“ means any data of any type that is submitted to RepairDesk by or on behalf of you, including without limitation: (a) data submitted, uploaded or imported to RepairDesk by you (including from Third Party Platforms) and (b) data provided by or about your end user customers, potential end user customers, or visitors or users of the Client Properties (including chat and message logs) that are collected from the Client Properties using RepairDesk Connect.
  • “Client Properties“ means your websites, apps, or other offerings owned and operated by you (or for your benefit) through which you use RepairDesk Connect to communicate with your end user customers, potential end user customers, or visitors or users of the Client Properties.
  • “Order” means your initial purchase of RepairDesk Connect, and any subsequent purchases or upgrades of RepairDesk Connect and/or related services made using your Account.
  • “Subscription Period” is the amount of time RepairDesk Connect is provided to you, which may be divided into sub-periods or terms as provided in Section 2 below.
  • “Third Party Messaging App(s)“ means a separate, stand-alone service accessible apart from the generally available RepairDesk Connect service to which you subscribe. A Third Party Messaging App allows you to integrate the RepairDesk Connect App provided with your RepairDesk Connect Account(s) with your Third Party Messaging App services account(s).
  • “Third-Party Platform(s)“ means any software, software-as-a-service, data sources or other products or services not provided by us that are integrated with or otherwise accessible through RepairDesk Connect.

RepairDesk Connect. RepairDesk Connect is a suite of messaging software-as-a-service solution offered through a single platform, and is integrated with our all-in-one repair shop management POS software RepairDesk (“RepairDesk”). RepairDesk Connect enables you to manage communications with customers and provides a dashboard for accessing and managing Client Data. You may import and export Client Data between RepairDesk and certain Third-Party Platforms through supported integrations. 

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 seven (7) 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.

  • Term. Unless otherwise specified and agreed to in writing by us at the time of purchase or upgrade, your initial Subscription Period for RepairDesk Connect is 6 months, which, if not terminated by you at least 30 days before the end of such period, will thereafter automatically renew month-to-month until terminated. Your Subscription Period for RepairDesk Connect will automatically be set or extended as necessary to make it coterminous with your RepairDesk term.
  • Cancellation/Termination/Suspension. You may cancel RepairDesk Connect or any add-on (“Cancellation”) at any time within three (3) days of purchase (“Cancellation Period”) for a full refund or, if outside the Cancellation Period, you may provide notice to terminate RepairDesk Connect (“Termination”) at least 30 days prior to the beginning of your next Subscription Period. Cancellation or Termination requests must be submitted as described in Section 16 below. Terminations will be effective upon the expiration of your next Subscription Period after your notice is received. Except as expressly provided herein, no refunds will be provided. We reserve the right to terminate or suspend your account for non-payment at any time. If your credit card is declined, we provide you seven calendar days to remedy this issue and provide proper payment. Thereafter, we may suspend your Account and your access to any and all RepairDesk Connect services until payment is received, and you remain responsible for all accrued charges. We may cancel all or any RepairDesk Connect feature in your Order at any time and for any reason (even if previously approved) and we have the right to terminate your Account if you violate the Agreement, or for any or no reason in our reasonable discretion, at any time. If your Account is terminated you agree: (a) to continue to be bound by the terms of this Agreement that survive Termination, as applicable, (b) to immediately stop accessing or using RepairDesk Connect, (c) that your right to access and use RepairDesk Connect immediately ends, and (d) that we reserve the right (but have no obligation) to delete all of your information and Account data stored on our servers. You acknowledge and agree that, to the max extent permitted by applicable Law, we are not liable to you or any third party for termination or suspension of access to your Account or for deletion of your information or Account data.
  • Charges/Billing. You agree to pay the monthly or semi-annual subscription fee and any one-time or other recurring charges listed on your Order or any subsequent invoice. You will be responsible for any taxes due associated with such fees. The rates specified for RepairDesk Connect do not include any extra charges that may apply for any additional services that you elect, including separate charges that may apply for optional third-party applications, services or features, such as online payment processing or third-party applications that integrate with RepairDesk Connect, except as otherwise provided in your RepairDesk Connect package description or invoice. You agree to pay for any such services that you use or request at our standard rates or the third-party provider’s specified rates.
  • Payment Terms – Recurring Auto Pay. IF YOU PROVIDE US A CREDIT CARD, DEBIT CARD, BANK ACCOUNT NUMBER, OR PAYPAL ACCOUNT, YOU AUTHORIZE US TO CHARGE THE CARD OR ACCOUNT AUTOMATICALLY AT THE START OF EACH BILLING PERIOD FOR THE AMOUNT OF YOUR MONTHLY OR SEMI-ANNUAL RECURRING CHARGES FOR REPAIRDESK CONNECT, PLUS APPLICABLE TAXES, UNTIL YOU NOTIFY US TO CANCEL AUTOMATICALLY RECURRING
  • Payments. It is your responsibility to keep your payment method information current, and you agree that your authorization for recurring payments will continue for any replacement payment information provided by you or the financial institution that provides your payment card, to the extent you have consented to have your financial institution auto-update your payment card information for recurring payees. Fees are due monthly or semi-annually (depending on which payment plan you elected at purchase) in advance unless otherwise indicated on your Order. You agree to pay all charges in full by the billing due date. You may not withhold any payment for any reason. We may apply payments or offset payments from you, or monies owed to you, toward amounts owed under the Agreement or any other amounts you owe us.
  • Late Charges. We will assess, and you agree to pay, late charges on balances not paid by the due date. Late charges will begin to accrue after the due date at a rate equal to the lesser of 18% per annum or the highest lawful rate.
  • Operational Limits and Changes. You acknowledge that certain RepairDesk Connect features may be subject to limitations imposed by applicable Laws or the policies of third-party service providers that we do not control, and that these limitations may restrict or limit the availability of certain features for certain types of businesses. You understand that any information or data provided by you to us may not be processed on a real-time basis and may be subject to the latency of the Internet, our systems, third-party networks and sites. In addition, you acknowledge that wireless carriers may implement changes that delay or prohibit our provision of RepairDesk Connect. To the max extent permitted by applicable Law, we and our service providers will not be responsible or liable for delays or non-delivery of the services caused by wireless carriers, third-party networks, internet providers or search engines. You acknowledge that the operation of RepairDesk Connect may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and we shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of RepairDesk Connect. We will make reasonable efforts to keep RepairDesk Connect operational 24 hours a day/7 days a week, except for: (i) planned downtime; or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, third party service provider failures or delays, or Internet service provider failures or delays.
Client Data. 
  • Rights in Client Data. As between the parties, you will retain all right, title and interest (including any and all intellectual property rights) in and to the Client Data as provided to us. Subject to the terms of this Agreement, you hereby grants to us a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Client Data solely to the extent necessary to provide the RepairDesk Connect services to you.
  • Storage of Client Data. We do not provide an archiving service. We agree only that we will not intentionally delete any Client Data from any service prior to termination of your applicable Subscription Term and we expressly disclaim all other obligations with respect to storage.
  • Aggregated Anonymous Data. Notwithstanding anything to the contrary herein, you agree that we may obtain and aggregate technical and other data about yours use of RepairDesk Connect that is non-personally identifiable with respect to you (“Aggregated Anonymous Data“), and we may use the Aggregated Anonymous Data to analyze, improve, support and operate RepairDesk Connect and otherwise for any business purpose during and after the term of this Agreement, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by you and other customers. For clarity, this Section 10.3 does not give us the right to identify you as the source of any Aggregated Anonymous Data.
  • Complying with the Law. You understand that you and your usage of RepairDesk Connect (and your Authorized Users and their usage of RepairDesk) must comply with all applicable laws, rules, regulations, codes, governmental orders, industry standards, or telecommunications providers’ requirements or guidance, and other requirements, as well as amendments to these laws, rules, regulations, codes, governmental orders, industry standards, or telecommunications providers’ requirements or guidance, and other requirements (the “Laws”) related to RepairDesk Connect and the included features, that are applicable to your business, your business type and your business’s location. This includes, but is not limited to, the Telemarketing and Consumer Fraud & Abuse Prevention Act, Telephone Consumer Protection Act of 1991 (TCPA), the Americans with Disabilities Act (ADA), The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM), the CTIA Messaging Principles and Best Practices available at www.ctia.org [https://api.ctia.org/wp-content/uploads/2019/07/190719-CTIA-Messaging-Principles-and-Best-Practices-FINAL.pdf], the Data Protection Act 2018 and any successor UK legislation, the General Data Protection Regulation ((EU) 2016/679) or the UK Data Protection Regulation (as applicable), and the California Consumer Privacy Act of 2018 (CCPA), as applicable, as well as other relevant laws and regulations governing your activities in marketing, advertising, communications and data collection and use. No Spam Policy: You agree not to use your RepairDesk Connect for the posting or sending of, nor include or reference any domain name(s) or URL(s) associated with your use of RepairDesk Connect in, unsolicited commercial advertising, email, information, announcements, texts or other messages or any other unsolicited distribution commonly considered to be “Spam.” We may, but have no obligation to, attempt to detect, manage, and eliminate Spam generated from your use of RepairDesk Connect.
  • We discourage the use of RepairDesk Connect, including any feature (except for authorized payment processing platforms), to upload, communicate, store or solicit any sensitive personal data, including without limitation financial account information, social security numbers, driver’s license or government ID numbers, or private health information. While we provide an industry-standard or higher level of protection for your data stored and messages transmitted through RepairDesk Connect, you understand that RepairDesk Connect is an internet-based, hosted SaaS, and you acknowledge that no server or internet connection can be guaranteed to be completely secure. Thus, you agree that you are responsible for any use by you (or under your Account) of RepairDesk Connect, including any feature, to upload, communicate, store or solicit any sensitive personal data, and to the maximum extent permitted by applicable Law, we disclaim any liability therefor. You understand that, unless you have separately signed an agreement with us, the standard RepairDesk Connect platform is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA) and is not intended to be used to communicate or store “protected health information.” Accordingly, if you do share any protected health information via RepairDesk Connect absent an agreement with us, you do so without our knowledge or consent and at your own risk. If you have and use the capability to accept credit card payments using an add-on to RepairDesk Connect, you agree to comply with applicable Payment Card Industry Data Security Standards (“PCI DSS”) and Laws with respect to all card data, and to the extent you have the capability to accept payment via ACH debit from a bank account, you agree to comply with National Automated Clearing House Association (“NACHA”) rules, as applicable. You agree that we will have the right to collect and use the data collected about users from the servers used to provide the RepairDesk Connect customer portals and that our collection and use of such data is subject to our Privacy Policy. You acknowledge and agree that we may include a link to a privacy policy on the customer portal web page or otherwise via RepairDesk Connect, which explains how personal information is collected and used on the applicable web page. You acknowledge and agree that you will comply with such privacy policy and all applicable Laws related thereto, and that you are solely responsible for such compliance.
  • Messaging Services. This Section applies in the event that you purchase messaging (SMS/MMS) services.
  • You acknowledge and agree that messages to or from you to your end users, customers and/or subscribers may be blocked by carriers or other service providers for reasons known or unknown to us; we are under no obligation to investigate or remedy any such blockage for you or any of you end users, customers or subscribers. We do not guarantee delivery, regardless of the reason, of any messages. You are responsible for maintaining continuous availability to receive messages from us via IP connectivity.
  • The following applies only if you use 10DLC (as defined hereinafter). A “10DLC” is a 10 digit long-code number that is approved by carriers for A2P SMS messaging. To comply with carrier requirements, as of 23 January 2023, you must register your long-code number with a verified 10DLC brand and an approved 10DLC campaign. You hereby represent and warrant that you will not send any messages using RepairDesk Connect that do not comply with requirements, including carrier registration requirements, for use of 10DLC. We are not responsible for any claim or liabilities that arises against you or the imposition of any surcharges or fees by a carrier for unregistered traffic. We reserve the right to suspend and terminate your Account, without liability and without prior notice, if you act in contravention or non-compliance of any 10DLC requirements of a carrier or under the law. YOU SHALL INDEMNIFY AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS, EXPENSES, LIABILITIES, LOSSES OR OTHER DAMAGES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS PARAGRAPH.
  • The following applies only if you use Short Codes (as defined hereinafter). A “Short Code” is a 5- or 6- digit number that represents either the originating or terminating end of an SMS conversation. Short Codes are associated with one or more Campaigns (as defined hereinafter). A “Campaign” is an SMS-based one-way or two-way conversation that a user “opts in” to receive; Campaigns are assigned to one or more Short Code(s). We may, in our discretion, approve or reject any Campaign, and suspend any portion of the services pertaining to any rejected Campaign.
  • Your use of SMS/MMS Services must comply with any applicable Messaging Principles (as defined below) and all applicable laws. You will be solely responsible for the evaluation and qualification of your actual and prospective end users’ use cases to ensure such use cases follow applicable Messaging Principles. You will be solely responsible for compliance by you (and by your end users/ customers) with any applicable Messaging Principles applicable to any utilization of SMS by you, your end users, or any other person or entity to which you provides any services utilizing SMS. Any SMS message that does not comply with the Messaging Principles and/or applicable laws constitutes a contravention of our Acceptable Use Policy (AUP). We reserve the right to take any action necessary for us to comply with any applicable Messaging Principles. “Messaging Principles” shall mean each of the following: (i) the messaging principles and best practices as promulgated by the Cellular Telecommunications Industry Association (CTIA) from time to time and available at https://api.ctia.org/wp-content/uploads/2019/07/190719-CTIA-Messaging-Principles-and-Best-Practices-FINAL.pdf and (ii) any messaging principles and/or acceptable use policies of any applicable upstream vendor or provider of such services. In the event of any conflict between Messaging Principles and this Agreement, the terms of this Agreement shall be controlling.
  • Toll-Free Services. This Section applies in the event that you are purchasing services with a toll-free traffic component (i.e., toll-free messaging services). We shall act as the party responsible for managing and administering the account records in the Toll-free Service Management System Database (the “Responsible Organization”). Our responsibilities as the Responsible Organization are limited to coordinating data entry, record changes, trouble acceptance and troubleshooting referrals and clearances. You agree, from time to time, to take such actions as may be reasonably requested by us to ensure that we are in compliance with all of our governmental and industry requirements in our capacity as the Responsible Organization. As the Responsible Organization, we are limited in the number of toll-free reservations we may hold. Reservations are on a first-come, first-served basis. We will not be responsible for any toll-free reservation unavailability as a result of our being at capacity with respect to toll-free reservations. In addition to the terms set forth in the AUP, you are strictly prohibited from using toll-free Services for 911 or other emergency service communications. YOU SHALL INDEMNIFY AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS, EXPENSES, LIABILITIES, LOSSES OR OTHER DAMAGES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS PARAGRAPH.
  • Our Rights/Remedies. If you or your affiliates do not pay all charges by 30 days after the due date, fail to meet any other obligation under this Agreement or under any other agreement between us, or make any Client Representation (defined below) or warranty that is or becomes untrue, we may, without notice: (i) require you to pay immediately all unpaid amounts you owe and will owe for your Account;(ii) remove, suspend, or modify your Account access; (iii) suspend or terminate your Account without liability; (iv) recover all collection costs and attorneys’ fees; and (vi) pursue any other available legal or equitable remedies. If we receive notice from another party contesting your right to use or display a name, trademark, service mark or other content, in addition to the remedies above, we may, without liability to you, cancel or suspend your Account or affected RepairDesk Connect features until you have resolved the dispute with the other party to our satisfaction. We may also remove the disputed content immediately. We may change any content you submit via RepairDesk Connect to conform to our standards, practices and policies or the policies of any third party on whose site, platform or network on which such content is published.
Third-Party Platforms and Third Party Messaging Apps
  • Integration with Third Party Platforms. RepairDesk Connect may support integrations with certain Third-Party Platforms, such as Facebook. In order for RepairDesk Connect to communicate with such Third-Party Platforms, you may be required to input credentials in order for RepairDesk to access and receive relevant information from such Third-Party Platforms. By enabling use of RepairDesk Connect with any Third-Party Platform, you authorize us to access your accounts with such Third-Party Platform for the purposes described in this Agreement. You are solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers of the Third-Party Platforms. You acknowledge and agree that we have no responsibility or liability for any Third-Party Platform or Messenger App, or how a Third-Party Platform (including Messenger Apps) uses or processes Client Data after such is exported to a Third-Party Platform or Messenger App. We do not guarantee that RepairDesk will maintain integrations with any Third-Party Platform, and we may disable integrations of RepairDesk with any Third-Party Platform at any time with or without notice to you. For clarity, this Agreement governs your use of and access to RepairDesk Connect, even if accessed through an integration with a Third-Party Platform.
  • Third Party Messaging Apps. You represent and warrant that you have agreed to the terms of service associated with any Third Party Messaging App(s) and have created, or have authorized us to create on  your behalf, a Third Party Messaging App account in accordance with such terms and conditions, which govern your use of such Third Party Messaging App account. We will have no liability for and the Third Party Messaging App provider is solely responsible for the Third Party Messaging App’s network, functionality, clients, and APIs.
  • Third Party Beta Releases. TO THE EXTENT YOU USE FEATURES IN REPAIRDESK CONNECT THAT INTEGRATE WITH A THIRD-PARTY PLATFORM AND YOU REQUEST THAT WE INTEGRATE WITH SUCH THIRD PARTY PLATFORM’S BETA OR PRE-RELEASE FEATURES (“THIRD PARTY BETA RELEASES”), WE WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH OUR PARTICIPATION IN SUCH THIRD PARTY BETA RELEASES OR YOU USE OF SUCH INTEGRATED FEATURES.

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.

  • Limitation of Liability/Disclaimers. We are not responsible for any claim that arises between your customers and you related to use of RepairDesk Connect. If you experience issues with your use of RepairDesk Connect due to any system error on our part, you agree that we may, at our discretion, provide free services as a makegood, but under no circumstances will refunds be provided.

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.

  • Waiver of Class Action and Jury Trial and Consent to Binding Arbitration. Except as set forth below, you and we agree that we will resolve any disputes between us (including any dispute between you and a third party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitration shall occur in New York, New York unless we mutually agree to another location. RepairDesk Connect shall be deemed to have been provided in Delaware. The arbitration hearing shall be held within six (6) months after the filing of the arbitration demand with the American Arbitration Association. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

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.

  • Our Rights in Content/Copyright/Trademarks; Publicity. If we create or supply any content for your use with RepairDesk Connect, the content we create is our sole and exclusive property (“RepairDesk Content”), except for included Client Content and any content we license from a third party. You understand that we may supply such RepairDesk Content or similar content to our other clients. You agree that you have no right to use RepairDesk Content apart from RepairDesk Connect without our written permission. You also agree that to the extent you permit us, including orally or by posing for a photo, to record your likeness and/or voice in any medium, then you grant us the right to edit, use, publish, distribute, or display your likeness and/or voice, in whole or in part, for any lawful purpose in relation to RepairDesk Connect or you purchase or use of RepairDesk Connect, in any manner and medium, including but not limited to, advertising, publicity or promotional material online and in print. You agree that we own the copyright in, and all copyrighted portions of the RepairDesk Connect service. You agree not to use or alter any trademark, trade name, trade dress or any name, picture or logo that is commonly identified with us or our affiliates unless permission is granted by us in writing. You agree that: (i) we may truncate, edit, refuse, reject or exclude from any use in connection with the services any content we obtain or links we establish under the licenses you grant us herein; (ii) we may modify, expand, or utilize data within, augment content from, or add links to your use of the services to develop searchable and user value-add data that may appear in response to searches by end users; (iii) we and our contractors may use search algorithms and other methods to map end user search terms to categories and keywords that you select; and (iv) the search terms in response to which the RepairDesk Connect soservlution may appear on the Internet may differ from the specific categories and keywords that you selected.
  • Client’s Representations. You represent and warrant that: (i) you have the unrestricted right to use, and to grant the licenses you grant in this Agreement with respect to, all Client Content and that your licensing of Client Content to us will not infringe any third party copyright or trademark rights; (ii) you and your Authorized Users will comply with all applicable Laws and you and any individuals having access to your Account have all required licenses to provide the goods and services advertised in all applicable jurisdictions; (iii) you and your Authorized Users have not made any false or misleading claims in Client Content or any communications via RepairDesk Connect; (iv) in the event you use third-party social media logos or membership organization’s branding in your advertisement(s) or communications, you are and will remain a member in good standing of each social media platform or membership organization represented with logos and/or branding in your advertisement(s) or website, in accordance with the rules and/or terms and conditions of such platforms or organizations; (v) you and your Authorized Users will comply with our digital privacy policy and terms of use as applicable (vi) you have not requested, and will not use, RepairDesk Connect for any unlawful purpose or business; (vii) you have not violated any contractual or legal obligation by entering into the Agreement and requesting us to provide the RepairDesk Connect solution to you; (viii) you are or are authorized to represent the business identified in your Account profile; and ix) and all contacts you and your Authorized Users provide us for RepairDesk Connect have opted into all forms of communication in compliance with all Laws (collectively, your “Client Representations”). You will notify us immediately if any of the above becomes inaccurate.
  • Assignment. The Agreement is binding on you and your successors. We may assign the Agreement, but you may not without our prior written consent.
  • Force Majeure. Neither party will be liable for any damages arising from acts of God or events outside of that party’s reasonable control.
  • Severability. If any provision of the Agreement is found to be unenforceable, the rest of the Agreement will remain in full force and effect.
  • Export Control and Economic Sanctions. In its use of RepairDesk Connect, you agree to comply with all export control and economic sanctions and any relevant import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, (i) you represent and warrant that you are not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government export control embargo or economic sanctions, (ii) you will not (and will not permit any of its users to) access or use RepairDesk Connect in violation of any U.S. export control or economic sanction, prohibition or restriction, and (iii) you will not submit to RepairDesk Connect any information that is controlled under the U.S. International Traffic in Arms Regulations or that is controlled under any Export Control Classification Number (other than EAR99) on the Commerce Control List of the Export Administration Regulations.
  • Electronic Signature. You agree that your acceptance of these Terms and Conditions, given electronically, will have the same legal effect as if the Terms and Conditions had been personally signed in writing by you. Our imaged copy of these Terms and Conditions will be deemed a duplicate original for evidentiary purposes.
  • Contact by Us. Following the acceptance of these Terms and Conditions, if you have provided a phone number, mobile phone number and/or email address for contact purposes, you consent to receiving commercial and transactional electronic correspondence from us at such number or address via phone call, facsimile, email or text, including via auto-dialer or recorded message. To opt out of such communications, follow opt-out or unsubscribe instructions included in the text message or email, or contact Customer Support at +1 314-627-5402. You agree that telephone conversations between you and us or our agents may be monitored and/or recorded.
  • Use of RepairDesk Connect Outside the United States of America. If you are not a US-based company and/or intend to use RepairDesk Connect with/for customers outside of the US, the terms in this Section apply to you based on your country or territory or the country or territory in which your customers are located.

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

  • Legal Effect. This Agreement describes certain legal rights. You may have other rights under the laws of your country. This Agreement doesn’t change your rights under the laws of your country if the laws of your country don’t permit it to do so.

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