Terms of Service

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 20, WHICH AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT OR TO PARTICIPATE IN A CLASS ACTION. SECTIONS 16 AND 17 LIMIT THE COMPANY'S LIABILITY TO YOU.

These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you" or "User") and the operator of Service Track (the "Company", "we", "us" or "our"), which operates the Service Track website and service (together, the "Platform"). By accessing, browsing, registering for, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must not access or use the Platform.

1. Definitions

"Customer" means a User who lists a vehicle on the Platform and requests that work be performed on it. "Mechanic" means a User who offers to perform, and performs, mobile vehicle repair and maintenance work through the Platform. "Quote" means a request recorded on the Platform for work on a listed vehicle, together with the price stated for it. "Job" means a single instance of work created when a Customer accepts a Quote. "Services" means the vehicle repair and maintenance work performed by a Mechanic. "Platform Services" means the technology, listing, matching, scheduling, payment-facilitation and record-keeping functions the Company provides.

2. Eligibility, acceptance and electronic dealings

You represent and warrant that you are at least eighteen (18) years of age, that you have the legal capacity to enter into a binding contract, that you are not barred from using the Platform under the laws of any applicable jurisdiction, and that you will use the Platform only for lawful purposes and in accordance with these Terms. If you accept these Terms on behalf of a company, partnership or other entity, you represent and warrant that you have authority to bind that entity, and "you" refers to that entity.

You consent to transact with the Company electronically. All agreements, notices, disclosures, receipts and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing, and you agree that your electronic assent constitutes your signature for the purposes of the Electronic Signatures in Global and National Commerce Act and any analogous state law.

3. Accounts, approval and security

You must register an account to use most functions of the Platform, and you must provide information that is accurate, current and complete and keep it so. You are solely responsible for safeguarding your credentials and for all activity occurring under your account, whether or not authorized by you, and you agree to notify the Company immediately of any unauthorized use.

An account's approval status is an internal administrative state and nothing more. Approval of an account does not constitute, and must not be relied upon as, a background check, a criminal-history check, a credit check, a verification of identity, licensure, insurance, bonding, certification, competence, experience, workmanship or fitness for any purpose, an endorsement or recommendation, or any representation whatsoever as to any User. The Company does not conduct background checks on Users and undertakes no obligation to do so. The Company may grant, withhold, suspend or revoke approval at its sole discretion, with or without cause and with or without notice.

4. The Platform is a venue; the Company is not a party to the Services

THE COMPANY IS A TECHNOLOGY PROVIDER AND A NEUTRAL VENUE. THE COMPANY DOES NOT PERFORM, SUPERVISE, DIRECT, CONTROL, INSPECT OR GUARANTEE ANY SERVICES, AND IS NOT A PARTY TO ANY CONTRACT FORMED BETWEEN A CUSTOMER AND A MECHANIC.

When a Customer accepts a Quote, a contract for the Services is formed directly and exclusively between that Customer and the Mechanic who performs the work. The Company is not a party to that contract, is not a repair shop, motor vehicle dealer, general contractor, subcontractor, employer, joint employer, staffing agency, broker, or agent of either party, and assumes no obligation, duty or liability under it. The Company does not set the manner, method, means, sequence, schedule or details by which a Mechanic performs Services, does not supply tools, equipment, vehicles or parts, and does not train, supervise or evaluate Mechanics.

Any dispute concerning the performance, quality, timeliness, scope, safety or outcome of Services, concerning any part fitted or any diagnosis given, or concerning damage to person or property arising out of Services, is solely between the Customer and the Mechanic. You release the Company from all such disputes as set out in Section 19.

5. Customers: listings, vehicle access and vehicle class

By listing a vehicle, you represent and warrant that you own it or are lawfully authorized by its owner to list it, to request that work be performed on it, and to grant access to it and to the place where it stands for that purpose; that granting such access violates no lease, covenant, easement, homeowners-association rule, municipal ordinance, parking restriction or other restriction; and that the vehicle is free of concealed hazards known to you that you have not disclosed on the listing.

You are responsible for disclosing on the listing any condition a reasonable Mechanic would need to know in order to work safely, including but not limited to a vehicle that cannot be driven or rolled, fuel or fluid leaks, a damaged or aftermarket battery or high-voltage system, missing wheel locks or keys, prior accident damage, an unstable surface, a sloped or unlit space, restricted overhead clearance, and unsecured animals. The Company does not inspect vehicles or the places they stand and makes no representation about the condition, accessibility or safety of either.

Vehicle class is stated by the Customer and is not independently verified by the Company. The class you record for a vehicle is a representation by you as to its accuracy to the best of your knowledge, and it determines the call-out rate. The Company does not inspect, audit or verify vehicle class, and any class shown on the Platform is the one you supplied. Recording an inaccurate class, whether or not intentional, may result in correction of the price, reversal or re-invoicing of a Job, suspension, or permanent termination of your account under Section 15. If you believe a recorded class is inaccurate, you must correct it on the vehicle's edit page before the relevant Job is performed.

6. Mechanics: independent contractor status

EACH MECHANIC IS AN INDEPENDENT CONTRACTOR AND IS NOT AN EMPLOYEE, AGENT, PARTNER, JOINT VENTURER OR REPRESENTATIVE OF THE COMPANY FOR ANY PURPOSE. Nothing in these Terms creates an employment, agency, partnership, joint venture or franchise relationship. No Mechanic is entitled to any benefit, protection, insurance, workers' compensation coverage, unemployment insurance, overtime, minimum wage, expense reimbursement or other incident of employment from the Company.

As a Mechanic you represent, warrant and covenant on a continuing basis that you operate an independent business; that you hold and will maintain every licence, registration, permit, certification and safety or emissions authorization required by applicable federal, state and local law for the work you perform, including any required of a mobile repair operation in Pennsylvania; that you maintain commercial general liability insurance, garage keepers or equivalent cover where applicable, and any other insurance required by law or prudent in your trade, in amounts adequate to the risk; that you supply your own tools, equipment, vehicles and parts; that you control the manner and means of your work; that you are free to accept or decline any Job and to work for others, including competitors of the Company; and that you are solely responsible for reporting and paying all taxes arising from amounts you receive, including self-employment tax, and for any employees or subcontractors you engage.

You are solely responsible for the safe conduct of your work, for the safe and lawful handling, storage and disposal of fluids, batteries, tyres and other waste, for compliance with occupational safety requirements, and for any injury, death, property damage or environmental harm arising out of it.

7. Quotes, Jobs and the formation of a service contract

A Quote records a request and the price stated for it. Acceptance of a Quote by the Customer creates a Job and forms the contract described in Section 4. A Mechanic who takes on a Job undertakes to perform the Services described in it. Prices, availability, scheduling and the existence of any particular Job are not guaranteed, and the Company does not warrant that any Quote will be priced, accepted, taken on, or performed.

Prices shown on the Platform are the prices that apply to the transaction in which they are shown. The Company may change prices, fee structures and subscription charges at any time, effective prospectively upon posting or upon such notice as applicable law requires.

8. Payments, fees, payouts and taxes

Payment processing on the Platform is provided by Stripe, Inc. and its affiliates and is subject to the Stripe Services Agreement and Stripe Connected Account Agreement. By using the Platform you agree to those terms as they may be modified by Stripe from time to time, and you authorize the Company to instruct Stripe to charge, transfer, hold, reverse and settle amounts as described here. The Company does not receive, store or process your full payment card number or bank account credentials.

A Customer must keep a valid payment method on file. By accepting a Quote and by maintaining a payment method, a Customer authorizes the Company to charge that payment method for the amount stated for a Job after the Job is recorded as completed. A Customer remains liable for amounts properly charged regardless of any dispute with a Mechanic.

A Mechanic's payout is released only after the Customer's payment for that Job has cleared. Marking a Job complete does not by itself cause funds to be paid. Payout timing thereafter is determined by Stripe and by the Mechanic's connected account, and the Company does not guarantee any particular settlement time. The Company does not advance, guarantee, insure or underwrite any amount owed by a Customer, and is not a collection agent for any Mechanic.

The amount a Customer is charged and the amount a Mechanic receives may differ; the difference is the Company's fee for the Platform Services. Mechanics may additionally be required to maintain an active subscription and a completed payout account in order to take on work. All amounts are stated in United States dollars and, except where required by law, are non-refundable. Each party is responsible for determining, collecting, reporting and remitting its own taxes.

If you initiate a chargeback or payment reversal without first seeking resolution through the Platform, the Company may suspend your account and recover the disputed amount and any associated fees from you.

9. Cancellation, non-performance and disputes between Users

Cancellation of a Job before performance is governed by the functions the Platform provides for it. The Company may, at its sole discretion and without obligation, assist Users in resolving a dispute, adjust or reverse a charge, or decline to do any of these. Any such assistance is a courtesy, creates no duty to act in any other case, and does not make the Company a party to the underlying contract or an arbiter of it.

10. Acceptable use

You agree not to: use the Platform for any unlawful, fraudulent, deceptive or harmful purpose; post any listing, description or communication that is false, misleading, defamatory, harassing, discriminatory or infringing; impersonate any person or misrepresent your affiliation; access, or attempt to access, data belonging to any other User; probe, scan, overload, disrupt or circumvent the security or integrity of the Platform or any of its access controls; use any robot, scraper or automated means to access, monitor, copy or extract any part of the Platform or its data; reverse engineer, decompile or disassemble any part of the Platform except to the extent that restriction is unenforceable under applicable law; remove, obscure or alter any proprietary notice; or encourage or assist any third party in doing any of the foregoing.

The Company may investigate any suspected violation and may report conduct it believes unlawful to law enforcement, with or without notice to you.

11. No off-platform circumvention

The Platform exists because both sides of a transaction meet on it. You agree that you will not, directly or indirectly, solicit, arrange, accept, perform, or pay for work off the Platform where that work originated on the Platform or involves a vehicle, counterparty or recurring schedule first encountered on it, and you will not use the Platform to collect contact information for the purpose of transacting elsewhere. This obligation continues for twelve (12) months after your last use of the Platform.

If a Customer and a Mechanic arrange work off the Platform in breach of this Section, the Company may suspend or permanently terminate both accounts, and may recover from either or both of them the fees the Company would have earned had the transaction occurred on the Platform, together with the costs of enforcement. If an off-platform arrangement is proposed to you, decline it and report it to the Company at [email protected].

12. Your content

You retain ownership of the listings, photographs, notes and other material you submit ("User Content"). You grant the Company a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable licence to host, store, reproduce, adapt, publish, display and distribute your User Content for the purposes of operating, providing, securing, improving and promoting the Platform, which licence survives termination to the extent necessary for those purposes and for the Company's records.

You represent and warrant that you own or have all rights necessary to grant that licence, that your User Content does not infringe or misappropriate the rights of any third party, and that where a photograph depicts a person, a registration plate or private property you have obtained every consent required to submit it. The Company may remove or refuse any User Content at its sole discretion.

The Company respects intellectual property rights and will respond to properly submitted notices under the Digital Millennium Copyright Act. Notices should be sent to [email protected].

13. Company intellectual property

The Platform, including its software, design, text, graphics, trademarks, service marks and trade dress, is owned by the Company or its licensors and is protected by intellectual property law. Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for its intended purpose. All rights not expressly granted are reserved. Any feedback you provide may be used by the Company without restriction or compensation.

14. Third-party services

The Platform relies on services operated by third parties, including payment processing, identity and authentication, address resolution and autocompletion, mapping libraries, street and aerial map imagery, and weather data. Those services are governed by their own terms and privacy practices, over which the Company has no control. The Company is not responsible for the availability, accuracy, content or conduct of any third-party service, and the inclusion of any such service is not an endorsement of it. The services the Platform uses, and what each of them receives, are listed in Section 4 of the Privacy Policy.

Mapping and aerial imagery is provided for general orientation only. It may be out of date, seasonally unrepresentative, misaligned, or inaccurate as to boundaries, structures, parking or ground conditions, and it must not be relied upon as a survey, as a determination of property lines, or as a representation of the condition of any place a vehicle stands.

15. Suspension and termination

The Company may suspend, restrict or terminate your access to the Platform, in whole or in part, at any time, with or without cause and with or without notice, including for any breach of these Terms, for any misrepresentation of vehicle class, for any off-platform circumvention, for non-payment, or where the Company believes continued access presents risk to any person, to other Users or to the Company. You may stop using the Platform at any time. Termination does not relieve either party of obligations accrued before it, and the provisions of these Terms that by their nature should survive will survive.

16. Disclaimer of warranties

THE PLATFORM AND THE PLATFORM SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY AND ASSUMES NO RESPONSIBILITY AS TO: THE IDENTITY, HONESTY, LICENSURE, INSURANCE, SOLVENCY, COMPETENCE OR CONDUCT OF ANY USER; THE QUALITY, SAFETY, LEGALITY, TIMELINESS OR COMPLETION OF ANY SERVICES; THE ROADWORTHINESS OF ANY VEHICLE AFTER WORK IS PERFORMED ON IT; THE ACCURACY OF ANY LISTING, VEHICLE CLASS, PRICE, IMAGE, MAP OR FORECAST; OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM THE COMPANY CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT THE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE OR ANY OTHER THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND THOSE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM OR ANY SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES ACTUALLY RECEIVED BY THE COMPANY FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

You acknowledge that the fees charged by the Company reflect this allocation of risk and that the Company would not provide the Platform on these economic terms without it.

18. Indemnification

You agree to defend, indemnify and hold harmless the Company and its officers, directors, members, employees, agents, suppliers and licensors from and against any claim, demand, action, proceeding, loss, liability, damage, judgment, penalty, cost or expense, including reasonable attorneys' fees, arising out of or relating to: your use of the Platform; your User Content; any Services you request, perform or receive; any injury to any person or damage to any vehicle or property occurring in connection with them; your breach of these Terms or of any representation or warranty in them; your violation of any law or of the rights of any third party; any misrepresentation of vehicle class or of authority over a vehicle; or any tax, licensing, insurance or employment obligation of yours. The Company may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate.

19. Release

You release the Company and the parties named in Section 18 from all claims, demands, damages, losses and liabilities of every kind, known and unknown, arising out of or in any way connected with any dispute between you and any other User, including any act or omission of a Mechanic or a Customer and any injury or damage occurring to a vehicle or at the place where it stands. If you are a resident of a jurisdiction whose law limits a general release as to unknown claims, you expressly waive the benefit of that limitation, including California Civil Code section 1542 and any analogous provision.

20. Dispute resolution, arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY INDIVIDUALLY AND LIMITS THE WAY YOU CAN SEEK RELIEF.

Informal resolution first. Before commencing arbitration, you agree to notify the Company in writing at [email protected] describing the dispute and the relief sought, and to negotiate in good faith for sixty (60) days. This requirement is a condition precedent to commencing arbitration.

Agreement to arbitrate. Any dispute, claim or controversy arising out of or relating to these Terms, the Platform, or the relationship between you and the Company, whether in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before, during or after termination, will be resolved by final and binding individual arbitration administered by a nationally recognized arbitration provider under its consumer or commercial rules then in effect, as applicable. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator has exclusive authority to resolve any dispute as to the formation, scope, interpretation, applicability, enforceability or waiver of this agreement to arbitrate, except that a court has exclusive authority over the class action waiver below.

Arbitration is conducted in the English language, on the written record where the provider's rules allow, and otherwise in the Commonwealth of Pennsylvania, or by videoconference at the election of the party seeking relief. The arbitrator may award any relief available in an individual action in court, and the award may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM AND ONLY THAT CLAIM MUST PROCEED IN COURT AND IS SEVERED FROM ANY ARBITRATION.

Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or to restrain unauthorized access to the Platform.

Opt-out. You may reject this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms, stating your name, the email on your account, and an unambiguous statement that you decline to arbitrate. Opting out affects no other provision of these Terms and will not affect your use of the Platform.

Any claim arising out of or relating to these Terms or the Platform must be commenced within one (1) year after it accrues, to the extent that limitation is permitted by applicable law; otherwise it is permanently barred.

21. Governing law and venue

These Terms, and any dispute or claim arising out of or relating to them, their subject matter or their formation, whether sounding in contract, tort or otherwise, are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration under Section 20, the parties irrevocably submit to the exclusive jurisdiction and venue of the state courts of the Commonwealth of Pennsylvania and of the federal courts sitting in that Commonwealth, and each party waives any objection to such jurisdiction or venue, including any defence of inconvenient forum.

The Platform is operated from the United States and is directed to users in the United States. The Company makes no representation that the Platform is appropriate or available in any other jurisdiction, and you are responsible for compliance with local law if you access it from elsewhere. Nothing in this Section deprives you of the protection of any mandatory provision of the law of the country in which you reside.

22. Changes to these Terms

The Company may modify these Terms at any time by posting the revised Terms on the Platform and updating the date above. Material changes take effect no earlier than the date posted, and your continued access to or use of the Platform after that date constitutes acceptance of the revised Terms. If you do not agree to a revision, you must stop using the Platform.

23. Notices

The Company may give notice to you by email to the address on your account, by posting on the Platform, or by any other means reasonably calculated to reach you, and such notice is effective when sent or posted. You must give notice to the Company at [email protected].

24. General

These Terms, together with the Privacy Policy, the Cookie Policy and any terms presented at the point of a particular transaction, constitute the entire agreement between you and the Company concerning the Platform and supersede all prior or contemporaneous understandings. You may not assign or transfer these Terms or any right under them without the Company's prior written consent, and any attempted assignment without it is void; the Company may assign these Terms freely, including in connection with a merger, acquisition, reorganization or sale of assets. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions will continue in full force. No failure or delay in exercising any right operates as a waiver of it, and no waiver is effective unless in writing. Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, severe weather, labour disruption, utility or network failure, and acts of civil or military authority, provided that this does not excuse any payment obligation. Except for the persons indemnified under Section 18 and released under Section 19, who are intended third-party beneficiaries of those Sections and may enforce them, these Terms confer no right or remedy upon any person other than you and the Company. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary or employment relationship between you and the Company. Sections 4, 6, 8, 11, 12, 13, and 16 through 24 survive termination. Headings are for convenience only and do not affect interpretation. These Terms are drafted in English, which governs in the event of any translation.

25. Contact

Questions about these Terms may be sent to [email protected].