Terms of Service
Last updated: December 25, 2024
1. Acceptance of Terms
By accessing or using RedAppy ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all terms and conditions, you must not use the Service. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Service constitutes acceptance of any modifications.
2. Description of Service
RedAppy provides a software platform for auto repair shop management. The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.
3. Third-Party Services
IMPORTANT: RedAppy relies on and integrates with various third-party service providers for hosting, payment processing, data storage, communications, analytics, and other functionalities. These third-party services are operated by independent companies over which RedAppy has no control.
You acknowledge and agree that:
- RedAppy is not responsible for the availability, reliability, or performance of any third-party services.
- RedAppy is not liable for any damages, losses, or issues arising from third-party service failures, outages, data breaches, or any other incidents.
- Your use of integrated third-party services is subject to the respective terms and privacy policies of those providers.
- RedAppy makes no warranties regarding the security, accuracy, or reliability of third-party services.
4. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, REDAPPY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION.
- WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REDAPPY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
- ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
- ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.
- ANY DAMAGES RESULTING FROM INTERRUPTION OR CESSATION OF THE SERVICE.
- ANY DAMAGES ARISING FROM THIRD-PARTY SERVICES, PRODUCTS, OR WEBSITES.
- ANY DAMAGES EXCEEDING THE AMOUNT YOU PAID TO REDAPPY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF REDAPPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification
You agree to indemnify, defend, and hold harmless RedAppy and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use or misuse of the Service.
- Your violation of these Terms.
- Your violation of any applicable laws or regulations.
- Any content or data you submit, post, or transmit through the Service.
- Your infringement of any third-party rights.
7. Data and Security
While we implement reasonable security measures, you acknowledge that no method of electronic transmission or storage is 100% secure. RedAppy cannot guarantee the absolute security of your data and is not responsible for any unauthorized access, data breaches, or data loss, whether caused by our systems, third-party services, or external factors beyond our control.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
8. Service Availability
RedAppy does not guarantee any specific uptime or availability of the Service. We may modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
9. No Professional Advice
The Service and any content provided are for informational purposes only and do not constitute professional, legal, financial, or business advice. You should consult with qualified professionals before making any decisions based on information obtained through the Service.
10. User Responsibilities
You are solely responsible for:
- Ensuring the accuracy and legality of all data you enter into the Service.
- Complying with all applicable laws and regulations in your jurisdiction.
- Maintaining appropriate backups of your data.
- Obtaining any necessary consents for data you collect from your customers.
- Your business decisions and operations, regardless of any data or features provided by the Service.
11. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately. We are not obligated to retain any of your data after termination.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in class action lawsuits or class-wide arbitration.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
14. Entire Agreement
These Terms constitute the entire agreement between you and RedAppy regarding the Service and supersede all prior agreements and understandings, whether written or oral.
15. Contact
If you have any questions about these Terms, please contact us.