Terms And Condition

Welcome to AutoSoftWay (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website and services. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our services.

Acceptance of Terms

By accessing or using our website and services, you affirm that you are of legal age and have the legal capacity to enter into this agreement. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Use of Services

  1. License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our services solely for your personal or internal business purposes. You shall not reproduce, modify, distribute, or create derivative works based on our services without our prior written consent.

b. Prohibited Conduct: You agree not to engage in any activity that:

i. Violates any applicable laws or regulations.

ii. Infringes upon the rights of others or violates their privacy or publicity rights.

iii. Interferes with or disrupts the integrity or performance of our services.

iv. Attempts to gain unauthorized access to our systems or networks.

v. Harasses or intimidates others or promotes discrimination or hate speech.

Intellectual Property

  • Ownership: We retain all rights, title, and interest in and to our website, services, and any related intellectual property rights. You acknowledge that our services may contain proprietary information protected by applicable intellectual property laws.
  • User Content: By submitting or posting any content on our website or services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display that content for the purpose of providing our services.

Privacy

We value your privacy and handle your personal information in accordance with our Privacy Policy. By using our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

Limitation of Liability

To the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use our services, even if advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including attorney’s fees) arising out of or in connection with your use of our services or violation of these Terms.

Modifications to the Terms

We reserve the right to modify or update these Terms at any time. We will notify you of any significant changes by posting the updated version on our website or by other means. Your continued use of our services after the changes will constitute your acceptance of the revised Terms.

Termination

We may, in our sole discretion, suspend or terminate your access to our services without prior notice if we believe you have violated these Terms or applicable laws. Upon termination, all licenses and rights granted to you will cease, and you must immediately stop using our services.

Payment Terms

We use Stripe as our primary payment processor. By making a purchase through our platform, you agree to the following payment terms:

  1. Credit Card Required at Registration A valid credit or debit card is required when registering for an AutoSoftWay account and starting a trial subscription. Payment information is securely collected and processed by Stripe. AutoSoftWay does not store your full credit or debit card information.
  2. Trial Period Eligible new accounts may receive a trial period before the paid subscription begins. During the trial period, no subscription fee will be charged.Your payment method may be verified or authorized by Stripe, including a $0.00 authorization where applicable, to confirm that the payment method is valid.The applicable trial duration, selected subscription plan, subscription price, and billing frequency will be displayed during registration.
  3. Automatic Conversion to Paid Subscription By providing your payment method and completing registration, you authorize AutoSoftWay and Stripe to automatically charge the payment method provided when your trial period ends.Unless you cancel before the end of the trial period, your account will automatically convert to the paid subscription plan selected during registration.The applicable subscription fee, plus any applicable taxes or fees, will be charged automatically to the payment method on file.
  4. Recurring Subscription Billing After the trial converts to a paid subscription, your subscription will automatically renew according to your selected billing cycle unless canceled in accordance with these Terms.By maintaining an active subscription, you authorize AutoSoftWay and Stripe to automatically charge your payment method for each recurring subscription payment.
  5. Cancellation Before Trial Ends If you do not wish to continue with a paid subscription, you must cancel your subscription before the trial period ends to avoid being charged for the selected subscription plan.
  6. Currency Payments are processed in CAD dollars unless otherwise stated. Stripe may handle currency conversions according to its applicable exchange rates and fees.
  7. Transaction Fees Any applicable transaction, currency conversion, banking, or payment-processing fees may be the responsibility of the customer.
  8. Refunds Refunds are subject to AutoSoftWay’s Satisfaction Guarantee and Refund Policy. Approved refunds are processed through the applicable payment processor and may take up to 15 business days to appear in the customer’s account.
  9. Failed Payments If a payment fails, AutoSoftWay may attempt to process the payment again and may notify the customer. Customers are responsible for maintaining a valid payment method.
  10. Acceptance of Automatic Billing:
    • By completing registration, providing a payment method, and accepting these Terms, you acknowledge and agree that:
    • a valid payment method is required to start the trial;
    • no subscription fee is charged during the applicable trial period;
    • your trial will automatically convert to the selected paid subscription unless canceled before the trial ends; and
    • your payment method will be automatically charged for the subscription and subsequent renewals until canceled.

Satisfaction Guarantee:

All AutoSoftWay accounts include a 10-day free trial with full access to the features included in the selected plan. This 10-day trial period serves as your satisfaction and evaluation period and gives you the opportunity to fully test the platform before your paid subscription begins.

Because the 10-day trial counts as the satisfaction guarantee period, payments made after the trial ends are non-refundable. The 10-day satisfaction period does not restart once the paid subscription begins.

If you do not wish to continue with AutoSoftWay, you must cancel your subscription before the end of the 10-day trial to avoid being charged.

Any refund required by applicable law will be processed through Stripe or PayPal and may take up to 15 business days to appear in your account, depending on your financial institution.

Subscription Pricing and Price Changes

The subscription price in effect when a Shop initially subscribes will remain unchanged for that Shop for as long as the subscription remains active and uninterrupted.

OneSoftWay Inc will not increase the Shop’s subscription price or introduce any new recurring subscription fee without first providing the Shop with written notice and obtaining the Shop’s express written approval.

This price protection does not apply to optional add-ons, plan upgrades, additional services requested by the Shop, applicable taxes, payment-processing fees, or separately purchased third-party services. If a subscription is canceled and later reactivated, the pricing available at the time of reactivation may apply.

Subscription Auto-Renewal

All subscriptions automatically renew unless canceled before the next billing date.

Failed Payments and Account Suspension

If a subscription payment fails, AutoSoftWay may notify the customer and attempt to process the payment again. The customer is responsible for updating their payment method and ensuring that payment is completed on time.

If payment is not successfully received, AutoSoftWay reserves the right to suspend or restrict access to the customer’s account, including access to the system, features, data entry, integrations, SMS/email services, and support.

If the outstanding payment remains unpaid, AutoSoftWay may close or deactivate the account. AutoSoftWay is not responsible for any interruption of service caused by failed, expired, declined, or invalid payment methods.

Access may be restored once all outstanding amounts are paid and a valid payment method is provided.

Cancellation

Customers may cancel their subscription at any time by providing written notice via email([email protected]) or through the chat section on our website.

Monthly subscriptions can be canceled at any time, but cancellations must be made at least 7 days before the next billing cycle to avoid being charged for the following month.

Annual or Monthly subscriptions can be canceled at any time; however, no refunds will be issued for partial use of the service, unless required by applicable law.

Account Security

Customers are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. AutoSoftWay is not responsible for unauthorized access caused by the customer’s failure to secure their account information.

Service Availability

While we strive to provide uninterrupted access to our services, AutoSoftWay does not guarantee continuous, secure, or error-free operation. Scheduled maintenance, updates, third-party outages, or unforeseen technical issues may temporarily affect service availability.

Customer Data

Customers retain ownership of all business, vehicle, invoice, and customer data entered into AutoSoftWay. By using our services, you grant us permission to process and store such data solely for the purpose of providing and improving our services.

Third-Party Integrations

AutoSoftWay may integrate with third-party services including, but not limited to, Stripe, CARFAX, MOTOR, PartsTech, QuickBooks, Google Calendar, and SMS providers. We are not responsible for the availability, functionality, pricing changes, or interruptions caused by third-party providers.

SMS and Email Communications

By using AutoSoftWay communication features, including SMS reminders, review requests, appointment confirmations, and follow-ups, you confirm that you have obtained proper customer consent in accordance with applicable laws and regulations. Message and data rates may apply depending on the recipient’s mobile carrier.

Support Policy

AutoSoftWay provides technical support through email, chat, and other communication channels. Response times may vary depending on request volume, issue complexity, and business hours.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Ontario. Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts of Ontario, and you consent to the personal jurisdiction of such courts.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and AutoSoftWay regarding the use of our services and supersede any prior or contemporaneous agreements, communications, or understandings.

Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at [email protected].

Please note that the sections and content can be further customized based on AutoSoftWay’s specific services and requirements. It’s recommended to review and tailor the Terms of Service to accurately reflect the company’s operations and legal considerations.