TERMS AND CONDITIONS

Last updated: October 15, 2020

1. Preamble

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with autoserve1.com application (the “Service”) operated by AutoServe1 Inc. (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

2.Payments

I agree that AutoServe1 will charge my credit card for $999 which includes the non-refundable set-up fee and 6 months of pre-paid monthly base subscription costs. This will be charged within 48 hours of contract signing. Any add-on products not included in the base subscription costs will be billed monthly via credit card. A regular monthly base subscription fee will then be charged to the credit card on file on the 1st day of the 7^th month of service and will auto-renew monthly unless canceled by the cardholder. All fees are additionally subject to applicable taxes.

3.Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”).

At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or AutoServe1 Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting AutoServe1 Inc. successteam@AutoServe1.com

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide AutoServe1 Inc. 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 Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

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

4.Free Trial

AutoServe1 Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by AutoServe1 Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, AutoServe1 Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

5.Fee Changes

AutoServe1 Inc. , in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

AutoServe1 Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

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

6.Refunds

Certain refund requests for Subscriptions may be considered by AutoServe1 Inc. on a case-by-case basis and granted in sole discretion of AutoServe1 Inc.

7.Accounts

When you create an account with us, you must provide us 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 are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is 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.

8.Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of AutoServe1 Inc. and are protected by copyright, trademarks, database and other intellectual property rights. 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 Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

9.Integration Data

In order to provide services to you, AutoServe1 may install software to integrate with Your Shop Management System (SMS) or Dealer Management System (DMS) database. 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 D/SMS to the AutoServe1 platform. In order to preserve and protect the confidentiality and privacy of any and all of data utilized, AutoServe1 agrees as follows:

1. AutoServe1 requires certain information from Your database to provide its service to You, such as email addresses, cell phone numbers, customer vehicle Information, and repair information. AutoServe1 never requests nor records 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.
3. AutoServe1 shall not use Your data for any reason other than to provide services to You and shall not disclose or permit access to Your data without prior written approval by You, unless required by law.
4. AutoServe1 will not sell, transfer, deliver to or make the Your data available for use by any other party without first obtaining Your express written consent.
5. AutoServe1 will immediately cease all use of Your data upon Your written request.
6. Additionally, 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.

10.User Content (Uploaded Data)

When using AutoServe1’s services, you may upload Content to our servers, including (but not limited to) information about your customers, their vehicles, as well as photos and videos of your customers’ vehicles that your employees may take.

Ownership: You retain ownership of all Content that you upload. AutoServe1 does not claim any ownership rights to Your 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, , and (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. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to AutoServe1’s’ use of your User Content.

AutoServe1 reserves the right to remove any User Content from the Site for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please contact us at info@svi.7ec.myftpupload.com

License to your Content: Even though we don’t claim ownership of your content we do need certain licenses to your content in order to operate the Services. When you upload or submit content via our Services, you grant AutoServe1 a worldwide license to communicate, distribute, host, modify, publicly display, publish, reproduce, store, and use such content for the sole purpose of operating and improving our Services.

11.Privacy

AutoServe1’s Privacy Policy, which may change from time to time, is published on our website at: autoserve1.com/privacy

That policy lays out our obligations to maintain the privacy of data that we receive and store. By accepting this agreement, You accept the terms of our Privacy Policy.

12.Links To Other Websites

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

AutoServe1 Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AutoServe1 Inc. 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 websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. You can read our Privacy Policy here.

13.Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

14.Indemnification

You agree to indemnify, defend and hold harmless AutoServe1 Inc. , its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

15.Limitation Of Liability

AutoServe1 Inc. , its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or 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; (iiv) 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.

16.Disclaimer And Non-Waiver Of Rights

AutoServe1 Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. 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 provincial law shall apply to the extent necessary.

AutoServe1 Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and AutoServe1 Inc. chooses not to immediately act, or chooses not to act at all, AutoServe1 Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. AutoServe1 Inc. does not waive any of its rights. AutoServe1 Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its 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.

17.Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

18.Governing Law

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

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 us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

19.Changes

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

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

20.Contact Us

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