Terms of service

These terms are the agreement between you and Coachwright LLC, a Texas limited liability company ("Coachwright", "we", "us"), for the use of the Coachwright service. They apply together with the Payment & refund policy and the Privacy policy, which are part of this agreement.

Please read them. You accept these terms by clicking Agree when the Service asks you, by checking the box at checkout, or by creating a shop or signing in. If you accept them for a business, you confirm that you are authorised to bind it.

1. The service and who it is for

The Service is the Coachwright software: the shop console, the customer portal, the public showcase pages, and the related websites, documentation and emails.

A Shop is the business account created for a restoration or custom shop. The person who creates or is assigned a Shop is its Owner. The Owner may invite Staff. A Shop's Customers are the people whose vehicles the Shop works on, who may be invited to the customer portal.

The Service is for businesses. You must be at least 18 years old and using the Service for a Shop's business, or as a Customer of a Shop. Coachwright serves customers in the United States only.

2. Accounts

You must give accurate account information and keep it current. You are responsible for keeping your sign-in credentials safe and for everything done under your account.

The Owner controls the Shop: who has access, what role they have, what is published, and what is deleted. The Owner is responsible for the acts of the Shop's Staff in the Service, and for any person the Owner lets use the Shop's account.

Tell us promptly at the address in section 18 if you believe an account has been used without authorisation.

3. Your data

You own it. Everything a Shop and its Staff put into the Service, including customer records, builds, photos, time logs, invoices, change orders and settings, is the Shop's data ("Shop Data"). We claim no ownership of it.

Our licence to it. You grant Coachwright a non-exclusive, royalty-free licence to host, store, copy, process, transmit and display Shop Data as needed to provide the Service, to publish what you choose to publish on your showcase, to send the emails you ask the Service to send, and as otherwise described in the Privacy policy. This licence ends when the Shop Data is deleted from the Service, except for copies in backups, which are removed on the schedule in the Privacy policy.

Your responsibilities for it. You confirm that you have the right to put Shop Data into the Service and to have it processed as these terms describe. In particular:

• You are responsible for the personal information of your Customers and Staff that you enter, including having any consent or notice the law requires of you. Coachwright processes that information on your behalf and on your instructions, as the Privacy policy describes.
• If you use the punch clock's location check, you are responsible for telling your Staff that their location is recorded when they clock in and out.
• You are responsible for the accuracy of what you invoice, quote and send to Customers through the Service. Coachwright does not check it.

Export. You can export your Shop Data from the Service at any time while the Shop is active, and for 90 days after a plan ends, as the Payment & refund policy describes.

4. Acceptable use

You may not use the Service to:

• break the law, or infringe anyone's rights, including their privacy and intellectual property;
• upload content that is unlawful, defamatory, harassing, or that you do not have the right to use, including photos of people or property you do not have the right to publish;
• send unsolicited bulk email or messages through the Service;
• interfere with the Service or its security, probe or test it without our written permission, or access other Shops' data;
• copy, resell, sublicense, or provide the Service to third parties, or use it to build a competing product;
• reverse engineer the Service, except where the law allows it regardless of this term;
• use automated means to scrape the Service beyond ordinary search-engine indexing of public showcase pages.

We may remove content or suspend access that we reasonably believe breaks these rules, and we will tell you when we do unless the law prevents it.

5. Public showcase and custom domains

You choose what to publish on your Shop's showcase. Whatever you publish is public, may be indexed by search engines, and may be seen and copied by anyone. You are responsible for it, and you confirm that you have the right to publish it.

If you point your own domain at your showcase, the domain remains yours and its DNS remains under your control. Coachwright serves your showcase at that domain only while your Shop is on a plan. When your plan ends, as the Payment & refund policy describes, the showcase goes offline and you must repoint the domain.

6. The customer portal

The Owner decides which Customers are invited to the portal and what they see there. A Customer's portal account is provided by Coachwright on the Shop's behalf. A Customer who signs up to the portal is asked to accept the portal terms in section 15 before using it.

Approvals a Customer gives in the portal, such as approving a change order, are recorded with the time and the account that gave them. Whether such an approval is binding between the Shop and its Customer is a matter for the Shop's own terms with the Customer, not for Coachwright.

7. Fees, billing and cancellation

Prices, payment methods, taxes, failed payments, refunds and cancellation are set out in the Payment & refund policy, which forms part of these terms. If we suspend or pause a Shop for non-payment, we do it as that policy describes.

8. Changes to the Service

We improve the Service continuously and may add, change or remove features. If we remove a feature you rely on or change it materially, we will give the Owner reasonable notice by email or in the Service. If we ever discontinue the Service as a whole, we will give at least 90 days' notice, keep your export available during that period, and refund any prepaid fees for the period after the shutdown.

9. Intellectual property

The Service, including its software, design, documentation and trademarks, is owned by Coachwright or its licensors and is protected by intellectual property law. These terms give you a limited, non-exclusive, non-transferable right to use the Service for your Shop during your subscription. No other rights are granted.

If you send us suggestions or feedback, we may use them without obligation to you.

10. Third-party services

The Service relies on third-party providers, listed in the Privacy policy, including Stripe for billing and Clerk for sign-in. Your use of those providers through the Service is subject to their own terms where they apply directly to you, such as Stripe's terms for the payment you authorise. If we add features in future that require you to accept a third party's terms, we will ask you before you use them.

Links from the Service to websites we do not control are provided for convenience. We are not responsible for their content.

11. Support and availability

We provide support by email at the address in section 18, during normal business hours in Texas, and aim to respond within one business day.

We work to keep the Service available and to fix problems promptly, but we do not guarantee any level of uptime. The Service may be unavailable for maintenance, for reasons outside our control, or because of a fault. We will tell you about planned maintenance when we reasonably can.

When you ask for help, our support staff may need to look inside your Shop. We do that only through a logged support session, as the Privacy policy describes.

Backups. We back up the Service's database every day and keep the backups for the period the Privacy policy describes, so that if something fails on our side we can restore your Shop Data. You do not need to keep a copy of your records outside the Service, and you can export everything at any time. Backups restore the Service to an earlier point in time after a failure; they are not a way to undo something you or your Staff deleted on purpose.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, COACHWRIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT DATA WILL NOT BE LOST.

The Service is a tool for running a shop. It does not give legal, tax, accounting or employment advice, and the figures it produces, including hours, pay and invoice totals, depend on what is entered into it. You are responsible for checking them.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) No indirect damages. Coachwright will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business, lost data, or the cost of substitute services, arising out of or related to the Service or these terms, however caused and under any theory of liability, even if we have been told such damages were possible.

(b) Cap. Coachwright's total liability for all claims arising out of or related to the Service or these terms will not exceed the fees you paid to Coachwright in the twelve months before the event giving rise to the claim. If you paid nothing, for example during a free trial, our total liability will not exceed one hundred US dollars.

(c) Exceptions. These limits do not apply to liability that cannot be limited by law, or to a party's fraud or wilful misconduct.

Some states do not allow some of these limitations. In those states, the limits apply to the fullest extent the law allows.

14. Your indemnity

You will defend and indemnify Coachwright and its members, officers and contractors against any third-party claim, and the resulting losses, costs and reasonable legal fees, arising out of Shop Data, your Shop's showcase or emails, your dealings with your Customers or Staff, your breach of these terms, or your breach of the law. We will tell you promptly of any such claim and let you control its defence, provided you do not settle it in a way that admits fault on our behalf without our written consent.

15. Portal terms for a Shop's Customers

If you are a Customer of a Shop and use the customer portal, this section applies to you, together with sections 2, 4, 9, 12, 13, 16 and 17.

• The portal is provided by Coachwright on behalf of the Shop. Your contract for the work on your vehicle is with the Shop, not with Coachwright. Questions about the work, the invoices, or your information should go to the Shop.
• Your portal account is yours. Keep your sign-in details safe.
• Coachwright handles your information as the Privacy policy describes, on the Shop's behalf.
• Coachwright's liability to you is limited as section 13 describes, and for this purpose the cap in section 13(b) is one hundred US dollars.

16. Term, suspension and termination

These terms apply from the moment you accept them and continue while you have a Shop or a portal account.

Ending it yourself. An Owner can cancel a plan or delete a Shop at any time, as the Payment & refund policy describes. A Customer can stop using the portal at any time and ask the Shop to remove their access.

Suspension by us. We may suspend access to a Shop or an account, after notice where practicable, if we reasonably believe there is a breach of section 4, a security risk, a legal requirement, or non-payment as the Payment & refund policy describes. We restore access when the cause is resolved.

Termination by us. We may terminate these terms with a Shop for a material breach that is not cured within 14 days of our notice, or immediately for a breach that cannot be cured or that creates a serious risk to others. We may also terminate for convenience on 90 days' notice, in which case we refund any prepaid fees for the period after termination.

What happens after. When a Shop's plan ends for any reason, the Shop enters the 90-day read-only period described in the Payment & refund policy, during which the Owner can export Shop Data. Deletion follows the Privacy policy. Sections 3 (as to the licence for remaining copies), 9, 12, 13, 14, 17 and 18 survive termination.

17. Governing law and disputes

These terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules.

If you have a dispute with us, please email us first at the address in section 18. We will try to resolve it informally within 30 days. If we cannot, the state and federal courts located in Travis County, Texas have exclusive jurisdiction over any claim arising out of or related to these terms or the Service, and each party consents to that jurisdiction. Either party may seek an injunction in any court of competent jurisdiction to protect its intellectual property or confidential information.

18. General

Changes to these terms. We may update these terms. For material changes we will give Owners at least 30 days' notice by email or in the Service before they take effect. Continued use after that date is acceptance. If you do not agree, you may cancel as the Payment & refund policy describes.

Notices. We send notices to the Owner's email address on the account. You send notices to us at the address below.

Assignment. You may not assign these terms without our written consent, except to a successor of your business that assumes them. We may assign them to a successor of Coachwright's business, and will tell you if we do.

Entire agreement. These terms, the Payment & refund policy and the Privacy policy are the whole agreement between you and Coachwright about the Service, and replace any earlier discussions.

Severability and waiver. If a court finds any part of these terms unenforceable, the rest remains in effect. Not enforcing a term is not a waiver of it.

Events beyond our control. Neither party is liable for a failure caused by events beyond its reasonable control, other than the obligation to pay.

Contact.

Coachwright LLC 5900 Balcones Drive, Suite 100 Austin, TX 78731

Email: [email protected] Phone: +1 (346) 516-6529