AUTOMAXIMIZER INSTALLER SUBSCRIPTION TERMS OF USE
Effective Date When Accepted:
These Installer Subscription Terms of Use (“Terms”) form a binding agreement between AutoMaximizer, Inc., a Delaware corporation (“AutoMaximizer,” “we,” “our,” or “us”), and the business entity or individual accepting these Terms (“Installer,” “you,” or “your”).
By clicking “I Agree,” registering an account effectively when clicked, accessing the platform, or participating in the AutoMaximizer marketplace, you agree to be bound by these Terms.
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1. Platform Services
AutoMaximizer operates an online marketplace platform that connects automotive installers, repair facilities, parts suppliers, and customers.
The installer may use the platform to market, purchase, sell, or perform automotive repair and installation services subject to these Terms and any policies published by AutoMaximizer.
AutoMaximizer may modify, suspend, or discontinue any portion of the platform at any time.
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2. Eligibility
By accepting these Terms, Installer represents and warrants that:
• Installer is legally authorized to operate its business;
• The individual accepting these Terms has authority to bind Installer;
• Installer holds all licenses, permits, certifications, and registrations required by applicable law;
• Installer will comply with all applicable laws, regulations, and industry standards.
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3. Independent Contractor Relationship
The installer is an independent contractor and not an employee, agent, partner, franchisee, or joint venturer of AutoMaximizer.
The installer is solely responsible for the following:
• its employees and subcontractors;
• wages, taxes, benefits, and insurance;
• repair methods and workmanship;
• compliance with laws and regulations.
Installer has no authority to bind AutoMaximizer.
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4. Installer Responsibilities
The installer is solely responsible for the following:
• all repair and installation services performed;
• labor quality and workmanship;
• customer communications;
• pricing and warranties;
• vehicle damage caused by Installer’s services;
• compliance with safety, environmental, consumer protection, and automotive laws.
The installer agrees not to:
• engage in deceptive, fraudulent, unsafe, or unlawful conduct;
• submit false information;
• misuse customer information;
• interfere with platform operations;
• circumvent platform payment or marketplace processes.
The installer shall maintain accurate account, licensing, and insurance information at all times.
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5. Insurance Requirements
The installer shall maintain commercially reasonable insurance coverage, including
• commercial general liability insurance;
• garage liability insurance where applicable;
• workers’ compensation insurance as required by law;
• automobile liability insurance as required by law.
AutoMaximizer may request proof of insurance at any time.
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6. Marketplace Role
AutoMaximizer provides a technology marketplace platform only.
AutoMaximizer is not:
• a repair facility;
• installer;
• employer;
• parts manufacturer;
• warranty provider; or
• party to transactions between Installer and customers.
AutoMaximizer does not guarantee:
• customer volume;
• revenue;
• payment;
• business success;
• parts availability; or
• uninterrupted platform access.
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7. Fees and Payments
Installer agrees to pay all applicable platform, subscription, referral, transaction, or related fees disclosed through the platform or otherwise communicated by AutoMaximizer.
AutoMaximizer may deduct or offset amounts owed for:
• refunds;
• chargebacks;
• credits;
• fraud;
• customer disputes;
• unpaid fees.
The installer is solely responsible for all taxes associated with its business activities.
AutoMaximizer may change fees upon prior notice.
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8. Customer Disputes
The installer is solely responsible for resolving disputes with customers relating to:
• repairs;
• installations;
• labor quality;
• warranties;
• delays;
• defective work;
• vehicle damage;
• pricing.
AutoMaximizer may assist with disputes but has no obligation to do so.
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9. Platform Rules; Suspension and Removal
Installer agrees to comply with all marketplace rules, policies, and standards published by AutoMaximizer.
AutoMaximizer may suspend, restrict, or terminate Installer’s access immediately and without liability if Installer violates these Terms, receives excessive complaints, fails to maintain licenses or insurance, or creates legal, reputational, or safety risks or if AutoMaximizer reasonably suspects fraud, unlawful conduct, or misuse of the platform.
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10. Confidentiality and Data Protection
Installer shall protect all non-public information received through the platform and use such information only for authorized business purposes.
Installer shall comply with all applicable privacy and data protection laws and maintain reasonable safeguards to protect customer information.
Installer shall not sell, disclose, or misuse customer information obtained through the platform.
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11. Intellectual Property
AutoMaximizer retains all rights, title, and interest in the platform, software, branding, trademarks, and related intellectual property.
The installer may not copy, modify, reverse engineer, or misuse the platform or AutoMaximizer intellectual property.
Installer grants AutoMaximizer a non-exclusive, royalty-free license during the term of these Terms to use Installer’s business name, trademarks, and logos for marketplace and promotional purposes.
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12. Indemnification
Installer shall defend, indemnify, and hold harmless AutoMaximizer and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
• Installer’s services or conduct;
• bodily injury, death, or property damage;
• violation of law;
• breach of these Terms;
• customer disputes;
• infringement claims relating to Installer materials or services.
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13. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
AUTOMAXIMIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OPERATION.
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14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
AUTOMAXIMIZER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTIONS.
AUTOMAXIMIZER’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY INSTALLER TO AUTOMAXIMIZER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
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15. Term and Termination
These Terms remain effective until terminated.
AutoMaximizer may suspend or terminate Installer’s account at any time for any reason.
The installer may stop using the platform at any time.
Sections relating to payment obligations, confidentiality, indemnification, intellectual property, limitation of liability, and dispute resolution survive termination.
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16. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
Any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and Installer consents to jurisdiction and venue in those courts.
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17. Electronic Acceptance
The installer agrees that:
• clicking “I Agree,”
• creating an account,
• accessing the platform, or
• using the platform
constitutes electronic acceptance of these Terms and has the same legal effect as a handwritten signature.
Installer agrees that electronic records maintained by AutoMaximizer, including timestamps, audit logs, IP addresses, and acceptance records, are admissible evidence of acceptance.
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18. Miscellaneous
These Terms constitute the entire agreement between Installer and AutoMaximizer regarding the subject matter herein and supersede prior agreements or discussions.
If any provision is found unenforceable, the remaining provisions will remain enforceable.
The installer may not assign these Terms without AutoMaximizer’s prior written consent.
AutoMaximizer may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
AutoMaximizer may update these Terms from time to time by posting updated Terms on the platform. Continued use of the platform after updated Terms become effective constitutes acceptance of the updated Terms.