Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your access to and use of GarageWizz software application and related services (collectively, the "Service"), provided by Tractic Ltd ("Company", "we", "us", or "our"), a company registered in the United Kingdom.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
2. Definitions
"Account" means a unique account created for you to access our Service.
"Content" means any information, data, text, software, graphics, messages, or other materials that can be accessed through the Service.
"Subscription" means the recurring payment arrangement for continued access to the Service.
"User", "You", and "Your" refer to the person or entity accessing or using the Service.
3. Account Registration
To use certain features of the Service, you must register for an Account. You must provide accurate, current, and complete information during the registration process and keep your Account information up-to-date.
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorised access to or use of your Account.
4. Subscription Terms
4.1 Subscription Plans
The Service is provided on a subscription basis. Different subscription plans may offer varying features, limitations, and levels of support.
4.2 Payment Terms
Subscription fees are charged in advance on a monthly or annual basis according to your selected plan. All payments are non-refundable except as expressly provided in these Terms.
4.3 Subscription Changes
You may upgrade or downgrade your subscription plan at any time. When upgrading, the new subscription rate will be charged immediately, with a pro-rated credit applied for the unused portion of your current subscription. When downgrading, the new subscription rate will take effect at the end of your current billing cycle.
4.4 Subscription Cancellation
You may cancel your subscription at any time. Upon cancellation, you will continue to have access to the Service until the end of your current billing cycle, at which point your access will be terminated.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates any applicable law or regulation;
- Attempt to interfere with or disrupt the Service or servers or networks connected to the Service;
- Attempt to probe, scan, or test the vulnerability of the Service or any associated system or network;
- Use any robot, spider, or other automated device to access the Service;
- Distribute malware or other malicious code;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service.
6. Intellectual Property
6.1 Company's Intellectual Property
The Service and its original Content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries.
6.2 User Content
You retain any and all rights to any Content you submit, post, or display on or through the Service. By submitting, posting, or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such Content for the purpose of providing and improving the Service.
7. Data Protection and Privacy
Our collection and use of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.
8. Third-Party Links and Services
The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
9. Limitation of Liability
9.1 Exclusion of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
- ANY CONTENT OBTAINED FROM THE SERVICE; OR
- UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
9.3 Exclusive Remedy
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY RELATED TO THE SERVICE IS TO STOP USING THE SERVICE AND, WHERE APPLICABLE, RECEIVE A REFUND FOR THE CURRENT SUBSCRIPTION PERIOD. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE CURRENT SUBSCRIPTION PERIOD.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable solicitors' fees) arising out of or relating to your breach of these Terms or your use of the Service.
11. Service Modifications
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
12. Termination
12.1 Termination by You
You may terminate these Terms at any time by cancelling your Account or ceasing to use the Service.
12.2 Termination by Us
We may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
12.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. If your Account is terminated due to your breach of these Terms, you shall not be entitled to any refund of subscription fees.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
14. Dispute Resolution
Any dispute arising from or relating to the subject matter of these Terms shall be settled by binding arbitration in London, England, in accordance with the rules of the London Court of International Arbitration.
15. Miscellaneous
15.1 Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings, whether written or oral.
15.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
15.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
15.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt to do so without such consent will be void. The Company may assign or transfer these Terms, at its sole discretion, without restriction.
15.5 Notices
Any notices or other communications provided by the Company under these Terms will be given by posting to the Service or by email to the address you provide during Account registration.
16. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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, you must stop using the Service.
17. Contact Us
If you have any questions about these Terms, please contact us at:
Email: info@garagewizz.com
Address: Tractic Ltd, DE13 9DS, United Kingdom