01The Service
Throttix provides cloud-based shop management software for automotive performance and repair shops ("Shops"), including tools to manage builds, quotes, work orders, parts, customers, and customer communications.
02Accounts and eligibility
- You must be at least 18 years old and able to form a binding contract.
- You are responsible for the accuracy of your account information and for keeping your credentials secure.
- You are responsible for all activity that occurs under your account.
03Your responsibilities as a Shop
As a Shop using the Service, you are the party that collects and controls information about your own customers ("Customers"). You agree that:
- You will collect, use, and share Customer information in compliance with all applicable laws, including privacy and consumer-protection laws.
- You have obtained all necessary rights and consents to enter Customer information into the Service and to communicate with your Customers through it.
- Before sending text messages to a Customer through the Service, you have obtained that Customer's consent to receive them, consistent with the TCPA, carrier requirements, and applicable law. You will honor opt-out requests.
- When sending email to a Customer through the Service, you will comply with the CAN-SPAM Act and other applicable laws, including by providing a functioning unsubscribe mechanism, honoring opt-out requests promptly, including a valid physical postal address where required, and not using false or misleading sender information, headers, or subject lines.
- You will not use the Service to send unlawful, harassing, deceptive, or unsolicited messages.
- You are solely responsible for the content you create, upload, or send through the Service.
You will indemnify Throttix for claims arising from your breach of these responsibilities, to the extent permitted by law.
04Acceptable use
You agree not to:
- Use the Service in violation of any law or third-party rights.
- Send spam or messages to recipients who have not consented.
- Upload malicious code or attempt to disrupt or gain unauthorized access to the Service.
- Reverse engineer, resell, or provide access to the Service except as permitted.
- Use the Service to build a competing product.
05Customer data and privacy
Our handling of information is described in our Privacy Policy. As between you (the Shop) and Throttix, you are the controller of your Customers' information and Throttix is a processor acting on your instructions.
06Fees and payment
- The Service is offered on a subscription basis at the fees stated at signup or on our pricing page.
- Fees are billed in advance on a recurring basis and are non-refundable except as required by law or expressly stated.
- We may change fees on reasonable prior notice; changes take effect at your next billing cycle.
- You are responsible for applicable taxes.
07Free trial
If a free trial is offered, it is provided as-is for the stated period. We may modify or discontinue trials at any time. At the end of a trial, paid fees apply unless you cancel.
08Intellectual property
Throttix and its licensors own all rights in the Service, including software, design, and trademarks. You retain ownership of the content you create or upload ("Your Content"). You grant Throttix a limited license to host, process, and display Your Content solely to provide and improve the Service.
09Third-party services
The Service integrates with third-party services (such as messaging, payment, and carrier providers). Your use of those services may be subject to their own terms, and we are not responsible for third-party services.
10Termination
- You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.
- We may suspend or terminate access for breach of these Terms, non-payment, or to comply with law.
- On termination, your right to use the Service ends. We will make your data available for export for a reasonable period, after which we may delete it.
11Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THROTTIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
13Indemnification
You will defend, indemnify, and hold harmless Throttix from claims, damages, and expenses arising out of your use of the Service, Your Content, your communications with Customers, or your breach of these Terms, to the extent permitted by law.
14Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, where required, provide additional notice. Continued use after changes take effect constitutes acceptance.
15Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in St. Johns County, Florida, and you consent to the personal jurisdiction of those courts.
16Contact
Questions about these Terms? Reach out — a person answers.