Terms of Service

1. The agreement

These terms are an agreement between Naddaf Ventures Inc., operating as GarageEX ("GarageEX", "we", "us"), 70 Beech Street, Ottawa, Ontario K1S 3J6, and the business that opens a GarageEX account (the "shop", "you"). The person who creates the account, or who accepts an owner invitation, confirms that they are authorised to bind the shop.

Our Privacy Policy explains how we handle personal information and forms part of these terms.

2. The service

GarageEX is online software for running an auto repair shop: customers and vehicles, appointments and online booking, estimates, work orders and invoices, digital inspections, payments, messaging, marketing, reports and integrations with other services. We may add, change or remove features; we will tell you in advance before removing a feature your plan includes.

3. Accounts and users

• Each person who uses GarageEX needs their own user account. Keep passwords confidential and tell us promptly if you suspect unauthorised access.
• The shop decides who has access and what each role may do, and is responsible for what its users do in GarageEX.
• Our support staff may sign in to your account to help you or to investigate a problem. That access is time-limited and every change made during it is logged.

4. Plans and billing

• You choose a plan when you sign up; the account opens once the first payment for it is made. There is no free plan and no free trial.
• Paid plans are billed in advance, monthly or yearly, in Canadian dollars for shops in Canada and in U.S. dollars for shops in the United States, through Stripe, until cancelled. Prices do not include taxes, which are added where they apply.
• You can change or cancel your plan from Settings → Billing. Moving to a higher plan (or from monthly to yearly) takes effect at once and the difference for the rest of the current period is charged right away; moving to a lower plan takes effect at your next renewal. A cancellation takes effect at the end of the period already paid; except where the law requires otherwise, payments are not refunded.
• We may change prices with at least 30 days’ notice to the account owner; the new price applies from your next billing period.
• When a paid subscription is cancelled or expires, or a failed payment is not resolved, the account becomes read-only: you can still sign in, see and download your records, but not change them.

5. Your data

The records you put into GarageEX, including your customers’ information, remain yours. You give us permission to store, process and transmit them only as needed to provide GarageEX to you, to keep it secure and to comply with the law. We do not sell your data or use your customers’ information for our own marketing.

For your customers’ personal information, we act as your service provider. You are responsible for having the right to collect it and to use it in GarageEX, and for giving your customers any notice the law requires. The booking, approval, payment and appointment pages and our emails tell your customers that your shop is the business they deal with and that GarageEX is its software provider, and link to your privacy policy when you add one in Settings → Business Info.

6. Your responsibilities

• Marketing consent. Send marketing messages only to customers who have given consent that you have recorded in GarageEX, and honour every unsubscribe. GarageEX adds an unsubscribe link and opt-out instructions to marketing messages and stops them after an opt-out, but you remain responsible for complying with Canada’s Anti-Spam Legislation and, for customers in the United States, the laws that apply there (such as the TCPA).
• Calls and recordings. If you connect a phone system that records calls, you are responsible for telling callers and obtaining any consent the law requires.
• Estimates, approvals and invoices. You are responsible for your prices, taxes, estimates and invoices. Customer approvals recorded through GarageEX are a record of what the customer chose on the approval page; you remain responsible for authorisation of the work you perform.
• CARFAX. Repair-order information is shared with CARFAX only if you opt in under Settings → Integrations; you are responsible for that choice and for any notice to your customers.
• Accuracy. Keep your shop details, tax settings and customer records accurate.

7. Taking payments from your customers

Card payments from your customers are processed by Stripe through a Stripe account connected to your shop. You must accept Stripe’s Connected Account Agreement and the Stripe Services Agreement, which govern those payments. Stripe, not GarageEX, processes the card details; we are not a party to your payments and are not responsible for chargebacks, disputes or refunds between you and your customers.

8. Other services you connect

GarageEX can connect to services you use with your own account, such as QuickBooks Online, RingCentral, Twilio, Nexpart or CARFAX. Your use of them is governed by their terms. We are not responsible for them, and a change on their side may stop an integration from working.

9. Labor times and vehicle information

Labor times, maintenance schedules, fluid capacities, specifications and vehicle look-ups are provided for reference, as is. They can be incomplete or wrong for a particular vehicle. Check them before you rely on them, and use your own professional judgement for every repair and every price you quote.

10. Acceptable use

Do not use GarageEX to break the law, to send spam or messages without the consent the law requires, to infringe anyone’s rights, to upload malicious code, to try to reach another shop’s data, to probe or overload the service, or to copy or resell the service or its reference data. We may remove content or suspend access that breaks this section.

11. Suspension and termination

You may stop using GarageEX and cancel at any time. We may suspend or end an account for serious or repeated breach of these terms, for unpaid fees, or where the law requires it. We will give notice first unless the breach puts the service, other shops or the public at risk. While an account is suspended, its users cannot sign in.

12. Export, retention and deletion

• The account owner can download all of the shop’s records at any time from Settings → Your data, as spreadsheet (CSV) files, including after a subscription has ended.
• The account owner can ask us to delete the account from the same page. We confirm the request with the owner and then delete the shop’s records within 90 days, except what the law requires us to keep.
• If a subscription ends without a deletion request, we keep the shop’s records for 12 months so that the shop can come back or download them, and then delete them.
• Deletion is permanent. Copies in our backups are overwritten on our hosting provider’s backup schedule.

13. Availability and support

We work to keep GarageEX available and to fix problems quickly, but we do not guarantee that it will be uninterrupted or error-free, and we do not offer a service-level agreement unless we sign one with you separately. We may interrupt the service for maintenance, preferably outside business hours and with notice in the app.

14. Confidentiality

Each of us will keep the other’s non-public information confidential and use it only for this agreement, except information that is already public or that the law requires to be disclosed.

15. Disclaimers

Except as stated in these terms, GarageEX is provided "as is" and we give no other warranty or condition, express or implied, to the extent the law allows.

16. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, and our total liability arising from these terms is limited to the fees the shop paid us in the 12 months before the event giving rise to the claim. Nothing in these terms limits liability that cannot be limited by law.

17. Indemnity

The shop will compensate us for claims by third parties, including the shop’s customers, that arise from the shop’s breach of these terms or of the law, including messages the shop sends and data the shop collects.

18. Changes to these terms

We may update these terms. We will post the new version with its effective date and tell the account owner before a significant change takes effect; the owner will be asked to accept the new version when they next sign in. If you do not agree, you can cancel before the change takes effect.

19. Governing law

These terms are governed by the laws of Ontario and the federal laws of Canada that apply there, and the courts of Ontario have jurisdiction over any dispute.

20. General

These terms, with the Privacy Policy and any order form we sign with you, are the whole agreement between us about GarageEX. If a provision is unenforceable, the rest still applies. You may not transfer this agreement without our consent; we may transfer it as part of a reorganisation or sale of our business.

21. Contact

Naddaf Ventures Inc., operating as GarageEX, 70 Beech Street, Ottawa, Ontario K1S 3J6. Questions about privacy: [email protected].