Last Updated: December 1, 2024
These Terms of Service (hereinafter, “Terms”) govern your access to and use of the Speedpoint software platform and related services (the “Service” or “Services”), provided by Speedpoint LLC (“Speedpoint,” “we,” “us,” or “our”). These Terms form a legal agreement between Speedpoint and you, the individual or entity using our Services (“you” or “User”). By accessing, using, or subscribing to the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Services.
1. DESCRIPTION OF THE SERVICES
1.1 Overview. Speedpoint provides a cloud-based Enterprise Resource Planning (ERP) shop management software solution tailored to automotive shops in the United States. The Services include management functions for scheduling, invoicing, inventory management, and workflow organization. In addition, Speedpoint offers integrated payment processing tools that enable Users to accept payments from their customers, as well as an integrated marketplace for purchasing automotive parts and related external services.
1.2 Access Channels. The Services are accessible through a web browser-based interface and through mobile applications available for Android and iOS devices. Access to certain features may vary depending on your subscription plan, device type, or operating system version.
1.3 Third-Party Integrations. The Services may integrate with third-party products, services, or data sources. Speedpoint does not control, endorse, or assume responsibility for any third-party content, products, or services. Your use of third-party integrations may be subject to separate terms and conditions required by those third parties.
2. ELIGIBILITY & ACCOUNT REGISTRATION
2.1 Eligibility. To use the Services, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By registering or using the Services, you represent and warrant that you meet these requirements.
2.2 Account Creation. To access certain features, including payment processing and the marketplace, you must create a Speedpoint account. When you create an account, you agree to provide accurate, current, and complete information, and to promptly update such information as necessary. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account.
2.3 Account Security. You agree to immediately notify Speedpoint of any unauthorized use of your account or any other breach of security. Speedpoint will not be liable for any loss or damage arising from your failure to keep your account credentials secure.
3. SUBSCRIPTIONS, FEES & PAYMENT TERMS
3.1 Subscription Plans. Access to the Services may require you to purchase a subscription. Subscription options, fees, billing cycles, and features available for each plan will be communicated through our website, platform interface, or personnel. By selecting a subscription, you agree to pay all applicable fees.
3.2 Billing & Payment. Unless otherwise agreed in writing, subscription fees will be billed in U.S. dollars and charged monthly, in advance, to the payment method you provide. If your payment method fails, Speedpoint reserves the right to suspend or terminate your access to the Services until the outstanding amounts are paid.
3.3 Changes to Fees. We reserve the right to change subscription fees, add new fees, or modify existing fees at any time upon reasonable advance notice. Any fee changes will take effect at the start of the next billing cycle following the notice period unless you cancel your subscription in accordance with Section 7.
3.4 Taxes. You are responsible for all applicable taxes, including sales, use, value-added, or other taxes associated with your subscription or use of the Services.
4. PAYMENT PROCESSING SERVICES
4.1 Integrated Payment Platform. Speedpoint’s integrated payment platform allows you to accept payments from your customers for services and products. By enabling this feature, you agree to comply with all applicable laws and any payment processor terms that we may require.
4.2 Compliance & Underwriting. You may be required to undergo a verification process, provide financial information, or satisfy other underwriting criteria to use our payment services. We reserve the right to change eligibility criteria, request additional information, or suspend the payment service if we suspect illegal, fraudulent, or unauthorized activity.
4.3 Transaction Fees. Processing payments may incur transaction fees as described in your account settings or in a separate fee schedule. You authorize Speedpoint to deduct these fees from the settlement amounts before transferring funds to your designated bank account.
4.4 Refunds & Chargebacks. You are responsible for handling any customer refunds or disputes. Speedpoint will not be liable for any chargebacks, disputes, or related losses. We may require you to maintain a reserve account or withhold funds pending resolution of disputes at our sole discretion.
5. MARKETPLACE SERVICES
5.1 Integrated Marketplace. The integrated marketplace (“Marketplace”) allows you to purchase automotive parts and external services from independent third-party vendors (“Vendors”). Speedpoint does not own, operate, or control these Vendors.
5.2 Third-Party Vendor Disclaimer. You acknowledge that all products and services offered through the Marketplace are provided by Vendors who are not under the control of Speedpoint. The inclusion of any product, service, or Vendor in the Marketplace does not constitute or imply Speedpoint’s endorsement, sponsorship, or recommendation. Speedpoint makes no representations or warranties regarding the quality, accuracy, legality, reliability, or safety of any products or services provided by Vendors.
5.3 Vendor Terms and Policies. Any purchases, orders, or contracts you enter into through the Marketplace are strictly between you and the applicable Vendor. Such transactions are subject to the Vendor’s own terms of sale, return policies, warranties, and any other conditions. It is your responsibility to review and understand all applicable Vendor terms and policies before completing a transaction. Speedpoint is not liable for any failure by a Vendor to honor its terms, nor for any disputes arising between you and a Vendor.
5.4 Product Listings & Fulfillment. While Speedpoint strives to provide accurate product information, it does not guarantee the completeness, currency, or reliability of any descriptions, images, or specifications listed in the Marketplace. Fulfillment, shipping, delivery, returns, refunds, and warranties for products or services purchased in the Marketplace are managed solely by the Vendor. Speedpoint is not responsible for any delays, defects, or damages related to products or services acquired through the Marketplace.
5.5 Payment for Marketplace Purchases. All orders placed through the Marketplace must be paid in full using the payment methods available. By placing an order, you authorize Speedpoint or its payment processor to charge your selected payment method for the purchase amount, including any applicable fees, taxes, and shipping costs. Speedpoint may receive fees or commissions from Vendors, but this does not alter our role as a neutral facilitator.
5.6 Limitation of Liability for Marketplace Transactions. To the maximum extent permitted by law, Speedpoint disclaims all liability for any loss, damage, claim, or injury, whether direct, indirect, incidental, special, or consequential, arising out of or related to your use of the Marketplace or any transaction with a Vendor. Any disputes regarding products or services purchased in the Marketplace must be resolved directly with the Vendor.
6. USER CONDUCT & USE RESTRICTIONS
6.1 Lawful Use. You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and industry standards. You shall not use the Services to promote, conduct, or facilitate any illegal activities.
6.2 Prohibited Actions. You agree not to:
- Interfere with or disrupt the integrity or performance of the Services;
- Attempt to gain unauthorized access to the Services or related systems or networks;
- Use automated scripts or bots to collect information from or otherwise interact with the Services;
- Upload or transmit any viruses, worms, or harmful code;
- Attempt to reverse engineer, decompile, or disassemble the Services;
- Impersonate any person or entity, or otherwise misrepresent your affiliation.
6.3 User Data. You represent and warrant that you have all necessary rights and permissions to submit any data, including customer information, inventory details, financial information, or other materials (“User Data”) to the Services. You grant Speedpoint a non-exclusive, royalty-free, worldwide license to store, process, and display your User Data solely for the purpose of providing the Services.
7. TERM & TERMINATION
7.1 Term. These Terms are effective from the date you first accept them until terminated in accordance with this Section.
7.2 Termination by User. You may terminate your subscription at any time by providing notice through your account settings or by contacting our support team. Termination will be effective at the end of your current billing cycle. No refunds will be provided for any unused portion of the subscription.
7.3 Termination by Speedpoint. Speedpoint may suspend or terminate your account or access to the Services if you breach these Terms, fail to pay fees when due, or engage in conduct that, in our sole discretion, could harm Speedpoint, other Users, or third parties. We will provide notice of such termination unless prohibited by law.
7.4 Effect of Termination. Upon termination, you must cease all use of the Services. Any outstanding fees and charges will remain due and payable. We may, in our discretion, provide you with access to your User Data for a limited period after termination, subject to additional fees.
8. INTELLECTUAL PROPERTY
8.1 Speedpoint IP. The Services and all related intellectual property, including software code, branding, logos, and documentation, are owned by Speedpoint or its licensors. Except as expressly stated herein, nothing in these Terms grants you any license or rights to Speedpoint’s intellectual property.
8.2 User Feedback. If you provide suggestions, enhancement requests, or feedback (“Feedback”), you grant Speedpoint a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that Feedback into our Services without any obligation to compensate you.
9. CONFIDENTIALITY
9.1 Confidential Information. “Confidential Information” means any non-public, proprietary, or sensitive information disclosed by one party to the other. Both parties agree to protect each other’s Confidential Information with the same standard of care they use to protect their own Confidential Information, but in no event less than a reasonable standard of care.
9.2 Exceptions. Confidential Information does not include information that is (i) publicly available without breach of these Terms, (ii) already known to the receiving party at the time of disclosure, (iii) independently developed by the receiving party, or (iv) obtained lawfully from a third party without confidentiality obligations.
10. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPEEDPOINT DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT USER DATA WILL NOT BE LOST OR DAMAGED.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPEEDPOINT OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. SPEEDPOINT’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SPEEDPOINT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Speedpoint, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services; (ii) your breach of these Terms; (iii) your negligence or misconduct; or (iv) your violation of any law or rights of any third party.
13. GOVERNING LAW & DISPUTE RESOLUTION
13.1 Governing Law. These Terms and any dispute arising out of or relating to them or the Services shall be governed by the laws of the State of North Carolina, without regard to its conflict of laws principles.
13.2 Dispute Resolution. Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, North Carolina, and the arbitrator’s decision shall be final and binding. Each party shall bear its own costs and fees, except as may be provided in the arbitrator’s award.
13.3 Class Action Waiver. You agree that any disputes will be resolved on an individual basis. You waive any right to participate in a class, consolidated, or representative action against Speedpoint.
14. CHANGES TO THESE TERMS
We may modify these Terms at any time. If we make material changes, we will provide notice (e.g., by email, by posting on our website, or within the platform). Your continued use of the Services after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and cancel your subscription.
15. GENERAL PROVISIONS
15.1 Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without Speedpoint’s prior written consent. Speedpoint may freely assign or transfer these Terms.
15.2 Entire Agreement. These Terms, together with the Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and Speedpoint and supersede all prior or contemporaneous agreements.
15.3 Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.4 No Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.
15.5 Notices. Any notices or other communications under these Terms will be in writing and given by email or through the Services interface. Notices will be effective when delivered.
16. CONTACT US
If you have any questions or concerns about these Terms or the Services, please contact us at:
Speedpoint LLC
Legal Department
6779 Gordon Road
Wilmington, NC 28411
By accessing or using the Services, you acknowledge that you have read, understand, and agree to these Terms of Service.