Terms of Service

These Terms of Service (the "Terms") are entered into between RepairBiz ("RepairBiz," "we," "us"), located at 1091 Liberty Ave, Brooklyn, New York, NY 11208, and the business or individual that creates an account ("Customer," "you"). By clicking to accept, creating an account, or using the RepairBiz platform (the "Service"), you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you accept these Terms on behalf of a company, you represent that you have authority to bind that company. You must be at least 18 years old and legally capable of entering into contracts. If you do not agree, do not use the Service.

RepairBiz is a subscription, cloud-based business management platform that may include point of sale, repair ticketing, trade-ins, inventory with IMEI/serial tracking, invoicing and quotes, purchase orders, customer records, a customer portal, messaging tools, reporting, payroll and bookkeeping features, and optional AI-assisted tools. We may add, modify, or discontinue features, and we will not materially reduce the core functionality of a paid plan during a paid term without notice. Features described on our website or in marketing material do not form part of these Terms unless made available in your account.

You must provide accurate registration information and keep it current. You are responsible for: (a) all activity under your account, including that of your employees and any user you invite; (b) assigning appropriate roles and permissions; (c) safeguarding credentials, PINs and devices; and (d) notifying us promptly at support@repairbiz.store of suspected unauthorized access. You may not share a single named account among multiple people to circumvent user limits, and you may not permit access by anyone who is not an authorized user of your business.

Trial. New accounts may receive a 30-day free trial with no payment card required. We may modify or end trial offers at any time. Trial data remains subject to Section 10. Fees. Paid plans are billed in advance at the price shown at checkout (currently $30.00 per month or $240.00 per year for the standard plan). Prices are in U.S. dollars. Automatic renewal and cancellation. Subscriptions renew automatically at the end of each billing period at the then-current rate until cancelled. You may cancel at any time from your account settings or by contacting support; cancellation takes effect at the end of the current paid period and stops future charges. You will not be charged again after cancellation. Price changes. We will give at least thirty (30) days' notice before a price increase applies to your renewal. Continuing after the effective date constitutes acceptance; otherwise you may cancel before renewal. Taxes. Fees exclude sales, use, VAT, GST and similar taxes. You are responsible for such taxes other than taxes on our net income. Failed and past-due payments. If a charge fails, we may retry, suspend access, and after reasonable notice terminate the account. You remain responsible for amounts accrued before termination. Refunds. Except where required by law, fees are non-refundable. Our discretionary refund practices are described in the Refund Policy, which forms part of these Terms. Payment processing. Payments are processed by a third-party PCI-DSS compliant processor. We do not store full payment card numbers. Your use of payment processing is also subject to the processor's terms.

You agree not to, and not to allow any user to: • violate any applicable law, regulation, ordinance or third-party right, including consumer-protection, tax, employment, second-hand-dealer, pawn, electronic-waste and telemarketing laws; • upload or transmit unlawful, infringing, defamatory, fraudulent, malicious or harmful content or code; • use the Service to facilitate money laundering, stolen-goods trafficking, unauthorized device unlocking or bypassing of device security in violation of law, or any fraudulent transaction; • send messages in violation of the TCPA, CAN-SPAM, Do-Not-Call rules or carrier requirements (see Section 7); • probe, scan, penetrate, overload or interfere with the Service or attempt to access another tenant's data; • reverse engineer, decompile, disassemble or attempt to derive source code, except as permitted by law; • use automated means to scrape the Service, resell, sublicense, white-label or provide the Service to third parties without our written consent; • misrepresent your identity or use the Service in a way that damages our reputation. We may investigate suspected violations and may suspend or terminate access, remove content and report unlawful activity to authorities.

Ownership. You retain all right, title and interest in the data you or your users submit to the Service ("Customer Data"), including customer, employee, device, financial and inventory records. License to us. You grant RepairBiz a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, process and back up Customer Data solely to provide, secure, support and improve the Service, and as otherwise permitted by the Privacy Policy. Processor role. With respect to personal information within Customer Data, you are the controller/business and RepairBiz is the processor/service provider acting on your instructions. We will not sell such personal information, will use it only for the permitted business purposes, will impose comparable obligations on subprocessors, and will assist you with consumer rights requests as reasonably required. Your representations. You represent and warrant that you have all rights, consents and lawful bases necessary to collect and submit Customer Data to the Service, that your privacy notices accurately describe your use of the Service, and that you will comply with all laws applicable to your business, including obtaining any customer authorization required before servicing a device, disclosing repair terms and warranties, handling identification documents, retaining records, and calculating and remitting taxes and payroll obligations. No professional advice. The Service, its templates, policy generators, tax fields, payroll calculations and reports are tools only. RepairBiz is not a law firm, accounting firm, tax adviser or payroll agent, and nothing in the Service is legal, tax, accounting or financial advice. You are responsible for reviewing all documents, filings and calculations with your own qualified professionals.

If you use messaging features, you are the sender of every message and are solely responsible for compliance with the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and Do-Not-Call laws, carrier and 10DLC registration requirements, and consent, identification, opt-out and record-keeping rules. You must obtain and document recipient consent, honor STOP and unsubscribe requests immediately, and not send prohibited or deceptive content. You will indemnify RepairBiz for claims arising from messages sent through your account, as provided in Section 11. We may throttle, suspend or disable messaging features to protect the platform or to comply with law or carrier requirements.

The Service may interoperate with third-party services you choose to connect, such as payment processors, card terminals, email, SMS gateways and AI providers. Those services are governed by their own terms and privacy policies, and we are not responsible for their acts, omissions, availability, fees or data practices. AI-assisted features generate output automatically. Output may be inaccurate, incomplete or unsuitable, and must be reviewed by you before use. You are solely responsible for any decision made in reliance on AI output.

The Service, including all software, interfaces, designs, trademarks, logos, documentation and content (excluding Customer Data), is owned by RepairBiz or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription, subject to these Terms. All rights not expressly granted are reserved. You may not remove or obscure proprietary notices. Feedback you provide may be used by us without restriction or compensation.

You may cancel at any time as described in Section 4. We may suspend or terminate your access: (a) for non-payment after notice; (b) immediately for a material breach of Section 5 or activity that threatens the security, integrity or lawful operation of the Service; or (c) for convenience on thirty (30) days' notice, in which case we will refund any prepaid, unused fees for the remaining term. Upon termination your right to use the Service ends immediately. Customer Data is retained for ninety (90) days, during which you may request an export, and is then deleted or de-identified except where retention is required by law or necessary to defend a legal claim. Sections 4 (accrued fees), 6, 9, 11, 12, 13, 14, 15 and 16 survive termination.

You will defend, indemnify and hold harmless RepairBiz and its officers, directors, employees, contractors and agents from and against any third-party claim, demand, action, proceeding, loss, liability, damage, fine, penalty, cost or expense (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data or your use of the Service; (b) your violation of these Terms or applicable law; (c) messages sent from your account; (d) your repair, sale, trade-in, warranty, employment or tax practices; or (e) a dispute between you and your own customer or employee. We will notify you of the claim, allow you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that imposes obligations on us without our written consent.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REPAIRBIZ DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DATA WILL NOT BE LOST, THAT MESSAGES WILL BE DELIVERED BY CARRIERS, OR THAT CALCULATIONS, REPORTS OR AI OUTPUT WILL BE ACCURATE OR COMPLIANT. Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REPAIRBIZ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO REPAIRBIZ IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). These limitations apply regardless of the theory of liability and do not apply to your payment obligations or your indemnification obligations, or to liability that cannot be limited by law.

We aim for high availability but do not commit to a specific uptime percentage unless stated in a separate written agreement. Planned maintenance will be announced in advance where practicable. We maintain routine backups, but you are responsible for exporting and retaining your own copies of business records needed for tax, accounting or legal purposes. Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, utility or internet failure, carrier outage, cyberattack, or governmental action.

Informal resolution first. Before filing a claim, you agree to contact us at legal@repairbiz.store with a description of the dispute and to attempt in good faith to resolve it for sixty (60) days. Binding arbitration. If the dispute is not resolved, any controversy or claim arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is New York County, New York, and the arbitration may be conducted by videoconference or on documents where the rules permit. The arbitrator has exclusive authority to decide arbitrability and may award any relief available in court on an individual basis. Class-action and jury waiver. YOU AND REPAIRBIZ EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court and the remaining claims will remain in arbitration. Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information. Opt-out. You may reject this arbitration agreement by sending written notice to legal@repairbiz.store within thirty (30) days of first accepting these Terms; in that case Section 16 governs venue. Limitations period. Any claim must be filed within one (1) year after it arises, except where a longer period is required by law.

These Terms are governed by the laws of the State of New York, United States, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods. Subject to Section 15, the state and federal courts located in Kings County or New York County, New York have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

We may modify these Terms. For material changes we will provide at least thirty (30) days' notice by email or in-app notice before they take effect, and will update the "Last updated" date. Changes are not retroactive. If you do not agree to a change, you must stop using the Service and may cancel before the effective date; continued use after that date constitutes acceptance.

Entire agreement. These Terms, the Privacy Policy and the Refund Policy are the entire agreement between the parties and supersede prior discussions. Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will stay in effect. No waiver. Failure to enforce a provision is not a waiver. Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. Independent parties. No partnership, joint venture, employment or agency relationship is created. Notices. We may send notices to the email on your account; you may send notices to legal@repairbiz.store or by mail to the address below. Export and sanctions. You represent that you are not located in, or acting on behalf of anyone in, a sanctioned country or on a restricted-party list. Contact. RepairBiz, 1091 Liberty Ave, Brooklyn, New York, NY 11208, United States — legal@repairbiz.store.