Terms of Service

1. Agreement and Acceptance

By accessing or using the Repair-Trak website or Services, or by creating or using an account, you agree to be bound by these Terms. If you use the Services on behalf of a business or other entity, you represent that you have authority to bind that entity, and “you” and “Customer” refer to that entity.

If you do not agree to these Terms, do not access or use the website or Services. Any separate order form, service agreement, data processing agreement, or other written agreement signed by you and Repair-Trak will apply to the extent it conflicts with these Terms.

2. Definitions

• “Services” means Repair-Trak’s repair management software, related features, support, and services made available through the Platform.
• “Platform” means Repair-Trak’s website, applications, software, and related systems.
• “Customer” means the business or other entity that registers for or uses the Services, including its authorized users.
• “Content” means information, text, images, files, and other materials made available through the website or Services.
• “User Data” means data or content submitted to or collected through the Services by or for Customer or its users, including information about Customer’s business, repair jobs, and end customers.

3. Description of Services

Repair-Trak provides software designed for jewelry and watch retailers, repair shops, and service vendors. Depending on the account type, configuration, and availability, the Services may include repair tracking and workflow management, customer self-service portals, connections with repair vendors, estimate and approval workflows, online payment features, automated communications, SMS or text notifications, and payment processing integrations.

Features may change over time. We may add, modify, suspend, or discontinue features, provided that any material changes to the Services will be handled in accordance with applicable order terms and Section 17.

4. Eligibility and Accounts

You must be at least 18 years old and authorized to act for the business or entity on whose behalf you use the Services. You agree to provide accurate, current, and complete registration and account information and to keep it up to date.

You are responsible for safeguarding your login credentials, restricting access to your account, and all activity conducted through your account. You must promptly notify us if you suspect unauthorized access or use. We are not responsible for losses resulting from your failure to protect your credentials or account.

5. SMS and Text Communications

Repair-Trak is the sender of all text messages sent through the Services, including messages sent on Customer’s behalf. Messages sent through the Services may include job creation confirmations, acknowledgements, vendor assignment alerts, arrival confirmations, estimate and approval notices, payment requests and payment arrangement notices, status updates, and completion notifications. Where you provide a mobile number and affirmatively opt in to receive messages from Repair-Trak, you consent to receive the applicable messages. Consent to receive text messages is not a condition of purchasing goods or services. Message frequency varies, and message and data rates may apply. Reply STOP to a message to opt out, or contact us using the details in Section 19. Reply HELP for assistance or contact us.

If Customer uses the Services to send messages to its own customers, vendors, or other individuals, Repair-Trak sends those messages as the sending party on Customer’s behalf. Customer is responsible for obtaining and documenting all legally required consents before any such message is sent, for providing required disclosures, for ensuring that the consent identifies Repair-Trak as the sender and describes the message types, for honoring opt-out requests, and for otherwise complying with applicable laws, regulations, and carrier requirements. Customer must not use the Services to send unsolicited, deceptive, or unlawful messages, and must not represent to any person that messages are sent by a party other than Repair-Trak. Mobile carriers are not liable for delayed or undelivered messages.

Each notification type can be enabled or disabled individually by the user receiving it, through the notification settings in the platform or in the customer portal. Disabling a notification type stops messages of that type to that recipient but does not withdraw a consent already given, does not affect the recipient’s ability to opt out of all messages by replying STOP, and does not relieve Customer of its responsibilities under this section. Customer is responsible for configuring and maintaining its own notification settings and for informing its customers that individual notification types can be turned on or off.

Additional information about Repair-Trak’s handling of personal information and SMS data is provided in the Repair-Trak Privacy Policy published on our website.

6. Acceptable Use

You will not, and will not permit others to:

1. Use the website or Services in violation of any law, regulation, court order, or third-party right;
2. Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas of the Platform, except to the extent applicable law expressly permits this restriction to be waived;
3. Scrape, crawl, harvest, or extract data from the website or Services by automated means without our prior written permission;
4. Interfere with, disrupt, damage, or attempt to gain unauthorized access to the Platform, its systems, or another user’s account or data;
5. Upload malicious code or use the Services to transmit spam, unlawful messages, or content that infringes another person’s rights;
6. Misrepresent your identity, business, or authority, or use the Services to commit fraud; or
7. Use the Services in a manner that could impair their security, availability, or operation.

We may investigate suspected violations and take reasonable action, including restricting or suspending access as provided in these Terms.

7. User Data and Customer Responsibilities

As between you and Repair-Trak, you retain your rights in User Data. You grant Repair-Trak a limited, non-exclusive right to host, use, reproduce, transmit, and otherwise process User Data as reasonably necessary to provide, secure, support, and improve the Services, comply with law, and perform our obligations under these Terms and any applicable written agreement.

You are responsible for the accuracy, legality, quality, and rights associated with User Data; for providing required notices to individuals whose data you submit; and for obtaining any permissions, authorizations, and consents required for your use of the Services. This includes obtaining and maintaining any required consent from your own customers before sending them SMS or other communications through the Platform.

You must not submit information to the Services unless you have the right and authority to do so. You are responsible for maintaining appropriate copies of your User Data. Where applicable, a separate data processing agreement between the parties will govern Repair-Trak’s processing of personal data on Customer’s behalf. Repair-Trak will handle personal information in accordance with its Privacy Policy and any applicable written data processing agreement.

8. Fees, Payments, and Billing

9. Third-Party Services and Integrations

The Services may connect to or link to third-party services, including payment processors, SMS gateways and carriers, vendor marketplaces, and other integrations. Those services are provided or controlled by third parties and may be subject to separate terms and privacy policies. Repair-Trak is not responsible for third-party services, their availability, their acts or omissions, or the handling of data by them, except to the extent required by law or expressly agreed in writing.

The Platform may help Customers connect with independent repair vendors or other service providers. Unless a separate written agreement states otherwise, Repair-Trak is not a party to agreements between Customers and vendors and does not control or guarantee their services, work, pricing, timing, quality, or results. Customers and vendors are responsible for evaluating and managing their own relationships and transactions.

No possession of items. Repair-Trak does not take possession, custody, or control of any jewelry, watch, or other item. The Services record information that Customers, vendors, and their personnel enter about an item and its status; they do not transport, store, inspect, appraise, or insure the item. Repair-Trak is not a bailee, warehouseman, carrier, or insurer of any item, and no bailment or similar relationship is created by these Terms or by use of the Services, including where the Services display, transmit, or record status, location, or possession information about an item. Responsibility for an item remains with the party that physically possesses it and with any carrier engaged to move it, under the arrangements between those parties. Customer is responsible for insuring its own items and its customers’ items, and for maintaining its own chain-of-custody practices.

Reliance on records. Status information in the Platform reflects what users enter and when they enter it. Repair-Trak does not independently verify that an item was received, inspected, worked on, completed, shipped, or returned, and does not guarantee that any entry is accurate, complete, or timely. Customer and its vendors are responsible for their own intake, inspection, counting, shipping, and record-keeping practices, and should not rely on the Platform as a substitute for them. The Services are a workflow and communication tool; they are not an inventory-control, custody, security, or loss-prevention system.

10. Intellectual Property

Repair-Trak and its licensors own all rights, title, and interest in the Platform, Services, and related materials, including software, designs, trademarks, and documentation, except for User Data and third-party materials. These Terms do not transfer ownership of those rights to you.

Subject to your compliance with these Terms and payment of applicable fees, Repair-Trak grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes for as long as your account remains active.

If you provide suggestions, ideas, or feedback about the Services, you grant Repair-Trak a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or payment to you. This does not grant Repair-Trak ownership of your User Data.

11. Confidentiality of End-Customer Data

You must protect end-customer information accessible through your account and use it only for lawful business purposes connected with your use of the Services. You must restrict access to authorized personnel who need the information and are subject to appropriate confidentiality obligations.

Repair-Trak will use reasonable measures to protect User Data and will access or disclose it only as reasonably necessary to provide or support the Services, comply with law, protect the rights or safety of Repair-Trak and others, or as otherwise permitted by our Privacy Policy, a data processing agreement, or your instructions. No confidentiality obligation in this section limits either party’s duties under a separate written agreement.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” REPAIR-TRAK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Repair-Trak does not warrant that the Services will be uninterrupted, error-free, secure, or available at all times; that data will never be lost or delayed; or that the Services will meet every Customer requirement. The Services are tools for managing repair workflows and do not replace your independent judgment, professional expertise, or legal compliance obligations. Repair-Trak does not warrant the accuracy, completeness, or timeliness of information entered by users of the Platform, and does not warrant that any record reflects the physical location, condition, or custody of any item.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE PLATFORM FEES AND OTHER AMOUNTS PAID OR PAYABLE BY CUSTOMER TO REPAIR-TRAK DURING THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

Nothing in this section makes Repair-Trak liable for the loss of, theft of, damage to, delay in delivery of, or misdelivery of any physical item, or for the value of any item, since Repair-Trak does not take possession or control of items and does not provide custody, transport, security, or insurance for them, as described in Section 9. Claims of that kind are governed by Section 9 and by the arrangements between the parties that physically possess or ship the item.

These limitations do not apply to liability that cannot lawfully be limited or excluded. Nothing in these Terms limits a party’s liability for its fraud, willful misconduct, or other liability that applicable law does not permit it to limit.

14. Indemnification

You will defend, indemnify, and hold harmless Repair-Trak and its officers, directors, employees, and agents from and against third-party claims, losses, liabilities, damages, and reasonable expenses (including attorneys’ fees) arising from or related to: (a) your or your users’ use of the Services in violation of these Terms or applicable law; (b) User Data or content you submit, including claims that it infringes or violates a third party’s rights; (c) your failure to obtain required notices, permissions, or consents, including SMS consent; or (d) your dealings with your customers, vendors, or other third parties through or in connection with the Services.

Repair-Trak will give you prompt notice of a claim for which it seeks indemnification and reasonable cooperation, at your expense. You may not settle a claim in a manner that imposes liability or obligations on Repair-Trak without Repair-Trak’s prior written consent.

15. Term, Suspension, and Termination

These Terms take effect when you first access or use the website or Services and continue while you do so. There is no fixed term: Customer may stop using the Services and close its account at any time, subject to payment of Platform Fees already incurred.

You may stop using the website at any time. You may close your account as described in your account settings. Repair-Trak may suspend or terminate your access if you materially breach these Terms, fail to pay amounts due, create a security or legal risk, or if we are required to do so by law. Where reasonably practicable, we will provide notice and an opportunity to remedy the issue before suspension or termination.

Upon termination, your right to use the Services ends. Subject to applicable law, any separate written agreement, and the availability of the relevant feature, Customer may request an export of User Data during the period of thirty (30) days after termination. After that period, Repair-Trak may render User Data inaccessible, and will retain it in that state for seven (7) years after the account becomes inactive, after which it will be deleted or irreversibly anonymized, subject to legal, security, and backup retention requirements. Data deleted under this section is not available for restoration if Customer later reopens an account. Sections that by their nature should survive termination will remain in effect.

16. Dispute Resolution and Governing Law

The parties will first attempt in good faith to resolve any dispute arising out of or relating to these Terms or the Services through informal discussions. A party must send written notice describing the dispute to the other party using the contact information in Section 19. If the dispute is not resolved within 30 days after notice, either party may pursue the dispute as provided below.

Except for the claims identified below, any dispute that cannot be resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules. The arbitration will take place in Pinellas County, Florida, or remotely if the parties agree or the arbitrator determines that remote proceedings are appropriate. A court with jurisdiction may enter judgment on the arbitration award.

Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court. Either party may seek temporary or injunctive relief in court to protect intellectual property rights or prevent unauthorized access to or misuse of the Services while arbitration is pending.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim must proceed in court, and the remaining claims will continue in individual arbitration to the extent permitted by law.

You may opt out of the arbitration agreement and class action waiver by sending written notice to support@repair-trak.com within 30 days after first agreeing to these Terms. Your notice must include your name, business name, account email, and a clear statement that you wish to opt out. Opting out will not affect any other part of these Terms.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, except to the extent federal law governs arbitration. Any court proceeding permitted under this section must be brought in the state or federal courts located in Pinellas County, Florida, and each party consents to their jurisdiction and venue.

17. Modifications to These Terms

We may modify these Terms from time to time. We will post the updated Terms on our website and update the Effective Date. If a change materially affects your rights or obligations, we will provide reasonable notice, such as by email or through the Services, where practicable. Your continued use of the website or Services after the updated Terms take effect constitutes acceptance of the changes. If you do not agree to a change, you must stop using the affected Services and may close your account as permitted by these Terms.

18. General Terms

Severability. If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them without Repair-Trak’s prior written consent. Repair-Trak may assign these Terms in connection with a merger, reorganization, sale of assets, or transfer of its business, or to an affiliate or successor.

Entire Agreement. These Terms, together with any applicable order, service agreement, data processing agreement, and the Privacy Policy, constitute the entire agreement between the parties regarding their subject matter and supersede prior agreements on that subject. If there is a conflict, the applicable order or signed agreement controls for its subject matter, followed by these Terms and then the Privacy Policy, except that the Privacy Policy governs Repair-Trak’s privacy practices.

Force Majeure. Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or telecommunications failures, or disruptions to third-party services, provided the affected party uses reasonable efforts to mitigate the effects.

No Waiver. A party’s failure to enforce a provision is not a waiver of its right to do so later.

Relationship. These Terms do not create a partnership, joint venture, agency, or employment relationship between the parties.

Notices. Repair-Trak may provide notices by email, through the Services, or by posting on its website. You must send legal notices to Repair-Trak using the contact details in Section 19.

19. Contact

Questions or notices regarding these Terms may be sent to: