computer repair service Management software
This User Access and License Agreement (the “Agreement”) is a legal document governing the use of RepairShopr’s remote-accessible service based on our Service Management Software (the “Service”). By accessing and using our Service, you are agreeing to be bound by and comply with the terms and conditions of this Agreement. The terms “RepairShopr”, “we”, “us” or “our” refers collectively to the licensor RepairShopr and our website RepairShopr.com (the “Site”). The term “you” or “your” refers to you as the user and licensee of our Service under this Agreement. You warrant and represent that you are at least 18 years of age and if you are accepting this Agreement on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity's behalf.
- ACCEPTANCE OF TERMS
We reserve the right to change this Agreement at any time and in our sole discretion. We will provide notice of any such changes to you via email. Your continued use of this Service following the posting of its changes will constitute your acceptance of such changes. The latest Agreement will be posted on the Site for your review before using the Service.
- DESCRIPTION OF SERVICE
The Service is designed to provide you with the capability to manage your service business. The Service is based on our Service Management Software (the “Service Management Software”) that is hosted by us or on our behalf and accessible by you remotely through our Site.
Subject to the terms and conditions of this Agreement, RepairShopr grants to you a limited, non-transferable, non-exclusive, revocable right and license to access and use our Service to support your business operations for the term of this Agreement unless sooner terminated; provided, however, that you may not resell our Service or make it available to third parties other than as explicitly permitted herein, and RepairShopr retains all right, title and interest in and to all Service Management Software applications and any materials supplied to you by us.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way except as permitted under this Agreement; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the Service or “frame” or “mirror” any portion of the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions or graphics represented by or incorporated in the Service, or (e) copy any ideas, features, functions or graphics represented by or incorporated in the Service.
- AVAILABILITY OF SERVICE
Subject to the terms and conditions of this Agreement, RepairShopr will use commercially reasonable efforts to provide the Service twenty-four hours a day, seven (7) days a week through the term of this Agreement. You agree that from time to time the Service may be inaccessible or impossible to use for various reasons, including periodic maintenance procedures or upgrades, service malfunctions and causes beyond our control or which are not reasonably forseeable by us, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks or network congestion or other failures (collectively, “Downtime”). RepairShopr will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Service in connection with Downtime, whether scheduled or not. RepairShopr will not be responsible for any damages or costs incurred by you, if any, in connection with Downtime.
You will pay RepairShopr the fees specified in the plan corresponding to the Service level for which you have subscribed. Payments are due within thirty (30) days of our invoice. Late payments are subject to an interest charge, which is the lower of one and one-half percent (1.5%) per month or the maximum legal rate. You are responsible for the payment of all taxes associated with this Agreement or your use of the Service (other than the taxes based on RepairShopr’s net income). If RepairShopr is required to pay any such taxes, you will, upon receipt of our invoice, reimburse us for any taxes paid by RepairShopr. You are not required to pay any taxes from which you are legally exempt. Your Service will automatically renew at the end of the Service period and you hereby authorize RepairShopr to charge the then-current renewal fees to the credit card associated with Your Account. If you cancel your RepairShopr Service, RepairShopr is not obligated to refund Service charges already paid. Cancellation will take effect at the end of the then current Service period unless a sooner date is requested.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the RepairShopr Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the RepairShopr Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or RepairShopr has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, RepairShopr has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for all activity occurring under your account.
You agree to comply with our acceptable use policies in connection with your use of the Service. You understand that all information, data, text, software, graphics, or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not RepairShopr, are entirely responsible for all User Content that you upload, post, e-mail, transmit, or otherwise make available via the Service. You should save all of your User Content through alternate storage solutions inasmuch as RepairShopr does not warrant the security or reliability of its Services.
By posting User Content, you grant RepairShopr and its affiliates the worldwide, nonexclusive, royalty free, right, for the duration of this Agreement, to copy and display such information on the Site in the manner you have selected. You represent...