Terms & Conditions

Last Updated 9/3/2025

1. PREAMBLE

These Terms and Conditions (“Terms” or “Terms and Conditions”) are entered into by and between you (“you or “your”) and AutoServe1 Inc. and its affiliates (“AutoServe1”, “us”, “we”, or “our”). Your access to and use of our www.autoserve1.com application (the “Service”) constitutes your acceptance and agreement of these Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, in whole or in part, you are not authorized to access or use the Service.

Please read these Terms and Conditions carefully before using the Service. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you represent and warrant that you have the authority to enter into these Terms and Conditions on behalf of a company or other legal entity and bind such entity to these Terms and Conditions, and in that capacity, the terms “you” and “your” shall refer to such entity. 

2. PAYMENTS

By agreeing to the Subscription (as defined below), accepting these Terms and Conditions, and agreeing to proceed with payment, you agree to allow AutoServe1 to charge your credit card immediately for a non-refundable set-up fee and you agree to commit to the Subscription which renews automatically on a monthly or annual period, as applicable. The set-up fee and either a pro-rated 1st month Subscription fee (the remaining days in the month less 4 days) or the annual fee, as applicable, will be charged within 48 hours of contract signing. The applicable Subscription fee will then be charged either on the 1st of each month or on the annual anniversary date, as applicable, and will auto-renew unless either party provides at least 30 days’ advance written notice of its intent to terminate. All fees are additionally subject to applicable taxes.

Customer agrees to pay all fees in accordance with the applicable Order Form(s). Customer is required to maintain a valid ACH account or credit card on file, and authorizes Company to automatically charge such payment method for all amounts when due. Company recommends Automated Clearing House (ACH) as the preferred payment method.  Company also accepts payment by credit card; however, Customer acknowledges and agrees that payments made via credit card may be subject to a surcharge designed to offset the cost of credit card acceptance. Any such surcharge will be applied in compliance with all applicable federal, state, and local laws and regulations and will be disclosed to Customer prior to processing the payment.  If Customer elects to pay using any method other than ACH or a credit card on file (including but not limited to paper checks or one-time manual transactions), such payment may be subject to a manual processing fee of up to twenty-five dollars ($25) per payment processed.

We use a PCI-DSS compliant third-party payment processor (the “Payment Processor”), to process payments on the Service. Any information provided in connection with such payment will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms and Conditions at: https://www.bluesnap.com/legal/privacy-policy/. 

3. SUBSCRIPTIONS

The Service is billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of Subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or AutoServe1 cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting us by email at successteam@AutoServe1.com and providing at least 30 days advance notice.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide AutoServe1 with accurate and complete billing information including full name, address, province/state, postal/zip code, country, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize AutoServe1 to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, AutoServe1 will issue an electronic invoice indicating that you must pay manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

4. FEE CHANGES

AutoServe1, at its sole discretion and at any time, may modify the Subscription fees for the Subscription by providing at least 30 days’ advance written notice (including by email or through the Services). Unless otherwise stated in the notice, any Subscription fee change will become effective at the start of your next Billing Cycle. In the event of a Subscription fee change, you may terminate your Subscription either through your online account management page or by contacting us by email at successteam@AutoServe1.com at any time prior to the start of your next Billing Cycle.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

5. REFUNDS

Certain refund requests for the Subscription may be considered by AutoServe1 on a case-by-case basis and granted at our sole discretion. To the extent fees are paid annually in advance and you terminate the Service due to a breach by AutoServe1, which remains uncured for more than 30 days following written notice thereof, you shall be entitled to a pro rata refund of prepaid amounts for the remainder of the then-current annual Subscription.

6. ACCOUNTS

You will be required to register an account to use the Service. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You agree to keep your password confidential and you are responsible for safeguarding the password that you use to access the Service. You are also responsible for any activities or actions taken with your password, whether it is used with our Service or a third-party service.  

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

7. INTELLECTUAL PROPERTY

The Service and all contents, including but not limited to audio, video, text, images, photographs, graphics or source code, databases, functionality, software, website design and other materials (collectively, “Content”) are the property of AutoServe1 and are protected by copyright, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of AutoServe1. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

The Content is provided in or through the Service “as is” for your internal business purpose only.

8. USE OF SERVICE

Subject to your compliance with these Terms and Conditions, we grant you a non-exclusive, non-transferable, revocable license to access the Service solely for your internal business purpose. 

Except as expressly set out in this section or elsewhere provided in these Terms, any reproduction, retransmission, distribution, sales, republication, modification, translation of or creation of derivative works based on the Service, in whole or in part, and/or any decompilation, disassembly, reverse engineering, hacking or other exploitation of the Service is strictly prohibited. You acquire no rights or licenses to the Service other than the limited right to use the Service in accordance with these Terms. Any use of the Service is subject to these Terms. 

We reserve all rights not to expressly grant to you in and to the Service and Content. 

Any breach of these intellectual property rights will constitute a material breach of our Terms and your right to use our Service will terminate immediately. 

9. INTEGRATION DATA

This section shall be read in conjunction with AutoServe1’s privacy policy at: https://autoserve1.com/privacy (“Privacy Policy”). In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, these Terms and Conditions shall prevail.

In order to provide the Service to you, AutoServe1 may install software to integrate with your Shop Management System (“SMS”) or Dealer Management System (“DMS”) databases (e.g. Napa Tracs). We may require certain information from your database to provide the Service, including but not limited to email addresses, cell phone numbers, customer vehicle information, and repair information. AutoServe1 represents and warrants that we are authorized to integrate with any such third parties with which we enable integrations. AutoServe1 is aware of the sensitivity of the data contained within your database. This data is valuable to you and AutoServe1 will provide a secure and private method of transmitting certain data from your SMS or DMS databases to the AutoServe1 platform. In order to preserve and protect the confidentiality and privacy of any and all of the data utilized, AutoServe1 agrees as follows:

1. AutoServe1 will never request or record any customer payment information from your database.
2. AutoServe1 acknowledges that all your information and data is and shall remain your property. AutoServe1 obtains no interest, right, title or ownership in your data.  Notwithstanding the foregoing, you acknowledge and agree and provide us with a non-exclusive, non-transferable, royalty-free, worldwide licence to access and use this data in an aggregated and anonymous basis to run metrics and analytics for AutoServe1 reporting.
3. AutoServe1 will not sell, transfer, deliver to or make your data available for use by any other party without first obtaining your express written consent. 
4. AutoServe1 will immediately cease all use of your data upon your written request. You acknowledge and agree that such request will result in a suspension of the Services and that such suspension shall not constitute a termination of these Terms and shall not relieve you of your obligation to pay any Subscription fee payable to us. If you do not provide written notice to re-authorize our access to your data by email at successteam@AutoServe1.com at least 30 days prior to the start of your next Billing Cycle, we may terminate these Terms and cancel your Subscription effective as of the start of such Billing Cycle. 
5. Any and all information which is obtained by way of data integration by any third party data aggregator acting on behalf of AutoServe1 shall not be disclosed, disseminated, or in any way distributed to anyone or any entity other than you, unless required by law. 
6. AutoServe1 will implement and maintain reasonable and appropriate administrative, technical, and physical safeguards to (i) ensure the security and confidentiality of your data; (ii) protect against anticipated threats or hazards to the security or integrity of your data; and (iii) protect your data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of your data. 
7. AutoServe1 will notify you promptly after AutoServe1 becomes aware of any actual or suspected misappropriation, or unauthorized access to, or disclosure or use of, your data or other compromise of the security, confidentiality or integrity of your data (collectively, “Security Breaches”).  AutoServe1 will promptly investigate each actual or suspected Security Breach and assist you in connection with any reasonable investigation that you may desire to conduct with respect to such Security Breach.  AutoServe1 will take all reasonable steps requested by you to limit or stop any actual or suspected Security Breach. 
8. AutoServe1 will complete a risk assessment survey on our technical, administrative, and physical controls and security systems at least annually and, upon your request, provide such survey to you.   
9. AutoServe1 shall comply with any applicable requirements as set forth in the local state, provincial, or federal jurisdictions. 

Upon termination of the Service, we will make reasonable efforts to coordinate the removal of the integration software from your local servers.  If such reasonable efforts to schedule the removal are delayed, in whole or in part, by you, then a $100.00 monthly maintenance fee will be charged until such time that the integration has successfully been uninstalled.  

10. USER CONTENT (UPLOADED DATA)

When using or accessing the Service, you may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or upload content and materials to our servers or on the Service, including but not limited to information about your customers and their vehicles, as well as photos and videos of your customers’ vehicles that you or your employees may take (collectively, “User Content”). 

You retain ownership of all User Content that you upload. AutoServe1 does not claim any ownership rights to your User Content. 

You represent and warrant that (i) you own all rights in and to your User Content, or, if the User Content is subject to third party proprietary rights, including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (ii) you are not a minor; (iii) you are legally entitled to post the User Content; (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and AutoServe1’s use of your User Content as described herein will not violate any other law; and (v) the User Content does not otherwise violate, or link to materials that violates, any provisions of these Terms and Conditions, or any applicable laws or regulations. You hereby release, discharge and agree to hold us, and any person acting on our behalf, harmless from any liability related in any way to our use of your User Content except to the extent arising out of the negligence of AutoServe1. 

AutoServe1 reserves the right to remove any User Content from the Service for any reason. If you believe any User Content residing on the Service violates these Terms and Conditions or any applicable laws or regulations, please contact us at info@autoserve1.com. 

AutoServe1 reserves the right to limit the volume of User Content that is stored on the Service. We will only store User Content for a reasonable period and after such period, you acknowledge that the User Content will be permanently deleted. We do not guarantee access to historical data at any point in time. 

Although you retain ownership of all your User Content, you acknowledge and agree that AutoServe1 needs certain licenses to your User Content in order to operate the Service. When you upload or submit User Content via our Service, you grant, and you represent and warrant that you have the right to grant, to AutoServe1 an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to communicate, distribute, host, modify, publicly display, publish, reproduce, store, and use such User Content for the sole purpose of operating and improving our Service.  

11. PRIVACY

All information, including personally identifiable information that you provide while accessing or using the Service, is subject to AutoServe1’s Privacy Policy and Text Messaging Services Privacy Policy (as defined below), which may change from time to time. The Privacy Policy: https://autoserve1.com/privacy and the Text Messaging Services Privacy Policy: https://autoserve1.com/text-messaging-services-privacy-policy/ (“Text Messaging Services Privacy Policy”) are hereby incorporated into and form part of these Terms and Conditions. By accepting these Terms and Conditions, you acknowledge and agree to accept the terms of our Privacy Policy and Text Messaging Services Privacy Policy.

12. UPDATES TO SERVICES

AutoServe1 reserves the right to update our applications to improve the stability and performance of the Service and/or release upgrades or new versions of the Service at our discretion. You may be required to migrate to a newer version of the Service within a stipulated time period at our discretion. We may, at our discretion, discontinue support for previous versions of the Service, and will notify you in writing or through other agreed communication channels. Accordingly, we do not guarantee that we will provide services and support for older versions of the Service once an update becomes available and we make no warranty or representation regarding the continued functionality or support for any older versions of the Service once updates or newer versions are released.  

13. LINKS TO OTHER WEBSITES

The Service may contain links to third-party websites or services that are not owned or controlled by AutoServe1. 

AutoServe1 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You acknowledge and agree that AutoServe1 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. 

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.  

14. TERMINATION

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms, provided that we shall provide you with at least 30 days’ advance written notice before doing so, unless immediate suspension is deemed appropriate by AutoServe1 to protect ourselves, other customers or third parties from potential harm. 

All provisions of the Terms shall survive termination, including, without limitation, any intellectual property ownership provisions, warranty disclaimers, indemnities, and limitations of liability provisions. 

Upon termination of the Service, we will make reasonable efforts to coordinate the removal of the integration software from your local servers.  If such reasonable efforts to schedule the removal are delayed, in whole or in part, by you, then a $100.00 monthly maintenance fee will be charged until such time that the integration has successfully been uninstalled. 

Upon termination, your right to use the Service will immediately cease.  

15. INDEMNIFICATION

To the greatest extent permitted under applicable law, you agree to indemnify, defend, and hold us harmless, and all of our principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, damages, losses, obligations, costs, actions or demands, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your User Content; (ii) your use or access of the Service; (iii) your breach of these Terms and Conditions; (iv) any breach of your representations and warranties set forth in these Terms and Conditions; (v) your violation of the rights of a third party, including but not limited to intellectual property rights; or otherwise (vi) your negligence or intentional misconduct. 

For greater certainty, these may include but are not limited to: (i) legal and accounting fees resulting from your use or access of the Service; (ii) your breach of any of these Terms and Conditions; (iii) anything you post on or upload to the Service; (iv) any activity related to your account; and (v) negligent or illegal conduct by you, any person or entity accessing the Service using your account whether or not such access is obtained via fraudulent or illegal means. 

16. LIMITATION OF LIABILITY

Except for Indemnification provision of Section 15 and breach of the Privacy provisions of Section 11 and to the greatest extent permitted under applicable law, you acknowledge and agree that none of us, our directors, employees, partners, agents, suppliers, or affiliates, under any circumstances, will be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

17. DISCLAIMER AND NON-WAIVER OF RIGHTS

AUTOSERVE1 MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND AS REGARDS TO THE SERVICE. ANY PURPORTEDLY APPLICABLE WARRANTIES, TERMS AND CONDITIONS ARE EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE, EXCEPT AS PROVIDED FOR UNDER THE LAWS OF ANY PROVINCE IN CANADA. IN SUCH CASES, THE APPLICABLE PROVINCIAL LAW SHALL APPLY TO THE EXTENT NECESSARY.

WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT, NOR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE AT ANY PARTICULAR TIME OR LOCATION; (III) THE ACCURACY OR COMPLETENESS OF THE SERVICE, ITS CONTENT, OR ANY CONTENT OF ANY WEBSITE OR APPLICATION LINKED TO THE SERVICE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE; OR (VI) ANY RESULTS OF USING THE SERVICE NOT MEETING YOUR REQUIREMENTS. 

If you breach any of these Terms and AutoServe1 chooses not to immediately act, or chooses not to act at all, AutoServe1 will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. AutoServe1 does not waive any of our rights and shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement. 

You may not assign, sub-license or otherwise transfer any of your rights under these Terms. 

18. EXCLUSIONS

Certain jurisdictions do not allow the limitations on implied warranties or the exclusion or limitation of certain damages. For example, the provincial laws of the Provinces in Canada may apply to certain products and services provided. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights. 

19. GOVERNING LAW

These Terms shall be governed by, interpreted, and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. 

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and AutoServe1 regarding the Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service. 

20. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, provided that you may terminate these Terms upon 30 days’ advance written notice if you object to such changes. If a revision is material, AutoServe1 will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect.  

Your continued access to or use of our Service after those revisions become effective on such date as referenced above constitutes your acceptance and agreement of the revised Terms and Conditions. If you do not agree to be bound by the revised Terms and Conditions, in whole or in part, you are not authorized to access or use the Service. It is your responsibility to review these Terms periodically. 

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By accessing or using the Service and sending us emails, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service. You hereby waive any rights or requirements under any statutes, regulations, rules, or other applicable laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

22. CONTACT US

If you have any questions about these Terms, please contact us by email: info@AutoServe1.com.